SENATE JOURNAL

EIGHTIETH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

SIXTY-EIGHTH DAY

(Saturday, May 26, 2007)

The Senate met at 11:26 a.m. pursuant to adjournment and was called to order by Dean Whitmire.

The roll was called and the following Senators were present:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent-excused:iiGallegos.

The Presiding Officer announced that a quorum of the Senate was present.

Senator Craig Estes offered the invocation as follows:

Dear Lord, why do the nations conspire and the peoples plot in vain? The kings of the Earth take their stand and the rulers gather together against the Lord and against His anointed one. Let us break their chains, they say, and throw off their fetters. The One enthroned in heaven laughs; the Lord scoffs at them. Then He rebukes them in His anger and terrifies them in His wrath, saying, I have installed my king on Zion, my holy hill. I will proclaim the decree of the Lord:iiHe said to me, You are my son; today I have become your father. Ask of me, and I will make the nations your inheritance, the ends of the Earth your possession. You will rule them with an iron scepter; you will dash them to pieces like pottery. Therefore, you kings, be wise; be warned, you rulers of the Earth. Serve the Lord with fear and rejoice with trembling. Kiss the son, lest He be angry and you be destroyed in your way, for His wrath can flare up in a moment. Blessed are all who take refuge in Him.ii(Psalm 2) Amen.

(President in Chair)

Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

LEAVE OF ABSENCE

On motion of Senator Wentworth, Senator Gallegos was granted leave of absence for today on account of illness.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 269, In memory of Elizabeth Robertson Boatner of Mount Pleasant.

HCR 270, In memory of Ashantay Renee Gray Bouchon of Paris.

HCR 271, In memory of Dean Vincent Grossnickle.

SCR 80, Commending the Texas State Board of Pharmacy for 100 years of service to the citizens of Texas.

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 15 (113 Yeas, 30 Nays, 1 Present, not voting)

HB 470 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 556 (140 Yeas, 0 Nays, 2 Present, not voting)

HB 735 (138 Yeas, 0 Nays, 2 Present, not voting)

HB 814 (135 Yeas, 6 Nays, 2 Present, not voting)

HB 860 (132 Yeas, 0 Nays, 3 Present, not voting)

HB 866 (140 Yeas, 0 Nays, 2 Present, not voting)

HB 914 (138 Yeas, 0 Nays, 2 Present, not voting)

HB 946 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 1503 (136 Yeas, 0 Nays, 2 Present, not voting)

HB 1526 (126 Yeas, 7 Nays, 3 Present, not voting)

HB 1751 (112 Yeas, 21 Nays, 1 Present, not voting)

HB 1960 (140 Yeas, 0 Nays, 2 Present, not voting)

HB 2300 (136 Yeas, 1 Nays, 2 Present, not voting)

HB 2532 (141 Yeas, 0 Nays, 2 Present, not voting)

HB 2566 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 2605 (136 Yeas, 0 Nays, 2 Present, not voting)

HB 2884 (137 Yeas, 0 Nays, 3 Present, not voting)

4634 80th Legislature — Regular Session 68th Day

HB 3107 (138 Yeas, 0 Nays, 2 Present, not voting)

HB 3475 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 3554 (133 Yeas, 0 Nays, 2 Present, not voting)

HB 3630 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 3692 (142 Yeas, 0 Nays, 2 Present, not voting)

HB 3699 (135 Yeas, 0 Nays, 2 Present, not voting)

HB 3837 (134 Yeas, 0 Nays, 2 Present, not voting)

HB 4029 (137 Yeas, 0 Nays, 2 Present, not voting)

HB 4032 (143 Yeas, 0 Nays, 1 Present, not voting)

HB 4053 (140 Yeas, 0 Nays, 1 Present, not voting)

HB 4113 (122 Yeas, 8 Nays, 1 Present, not voting)

HJR 19 (142 Yeas, 0 Nays, 1 Present, not voting)

THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

HB 3 (non-record vote)

House Conferees:iiPuente - Chair/Guillen/Hilderbran/Morrison/Straus

HB 4 (non-record vote)

House Conferees:iiPuente - Chair/Creighton/Guillen/Laubenberg/McClendon

HB 610 (non-record vote)

House Conferees:iiBrown, Fred - Chair/Brown, Betty/Hancock/Howard, Donna/Isett, Carl

HB 828 (non-record vote)

House Conferees:iiHochberg - Chair/Branch/Eissler/Olivo/Patrick, Diane

HB 1113 (non-record vote)

House Conferees:iiTurner - Chair/Bailey/Bolton/Dutton/Madden

HB 1168 (non-record vote)

House Conferees:iiMenendez - Chair/Davis, John/Kolkhorst/McClendon/Veasey

HB 1565 (non-record vote)

House Conferees:iiPuente - Chair/Corte, Frank/Flores/Guillen/Leibowitz

HB 1919 (non-record vote)

House Conferees:iiSmith, Todd - Chair/Davis, John/Farabee/Hancock/Smithee

HB 2006 (non-record vote)

House Conferees:iiWoolley - Chair/Callegari/Cook, Robby/Corte, Frank/Pena

HB 2237 (non-record vote)

House Conferees:iiEissler - Chair/Hochberg/Krusee/Miles/Patrick, Diane

Saturday, May 26, 2007 SENATE JOURNAL 4635

HB 2644 (non-record vote)

House Conferees:iiRose - Chair/Corte, Frank/Delisi/Hartnett/King, Susan

HB 2667 (non-record vote)

House Conferees:iiLatham - Chair/Chisum/Davis, John/Driver/Paxton

HB 2833 (non-record vote)

House Conferees:iiDriver - Chair/Bonnen/Latham/Taylor/West, George "Buddy"

HB 3154 (non-record vote)

House Conferees:iiLaubenberg - Chair/Coleman/Taylor/Thompson/Zerwas

HB 3200 (non-record vote)

House Conferees:iiMadden - Chair/Haggerty/Hochberg/McReynolds/Zedler

HB 3315 (non-record vote)

House Conferees:iiKeffer, Jim - Chair/Cook, Robby/Davis, Yvonne/McReynolds/Paxton

HB 3382 (non-record vote)

House Conferees:iiNaishtat - Chair/Berman/Howard, Donna/Leibowitz/McCall

HB 3438 (non-record vote)

House Conferees:iiFlores - Chair/Gonzales/Guillen/Pena/Raymond

HB 3560 (non-record vote)

House Conferees:iiSwinford - Chair/Chisum/Gallego/Ritter/Woolley

HB 3609 (non-record vote)

House Conferees:iiTalton - Chair/Davis, John/Geren/Hodge/Pitts

HB 3613 (non-record vote)

House Conferees:iiLatham - Chair/Driver/O'Day/Ortiz, Jr./Vo

HB 3674 (non-record vote)

House Conferees:iiDavis, John - Chair/Gonzales/Hopson/Noriega, Rick/Taylor

HB 3693 (non-record vote)

House Conferees:iiStraus - Chair/Anchia/Crabb/King, Phil/Talton

HB 3826 (non-record vote)

House Conferees:iiMorrison - Chair/Brown, Fred/Howard, Donna/McCall/Patrick, Diane

HB 3838 (non-record vote)

House Conferees:iiGonzalez Toureilles - Chair/Chisum/Escobar/Gonzales/Hardcastle

HB 3851 (non-record vote)

House Conferees:iiMorrison - Chair/Aycock/Brown, Fred/Patrick, Diane/Rose

HB 3873 (non-record vote)

House Conferees:iiMenendez - Chair/Bailey/Chisum/Cook, Byron/Talton

THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 2265 (non-record vote)

HB 3581 (non-record vote)

4636 80th Legislature — Regular Session 68th Day

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 1604 (non-record vote)

House Conferees:iiBonnen - Chair/Driver/Escobar/King, Tracy/Kuempel

THE HOUSE HAS DISCHARGED ITS CONFEREES AND APPOINTED NEW CONFEREES ON THE FOLLOWING MEASURES:

HB 12 (non-record vote)

House Conferees:iiHilderbran - Chair/Flores/Gattis/Howard, Donna/O'Day

THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:

HB 3314

The House refuses to concur in Senate Amendments and requests the appointment of a conference committee with instructions to adjust the differences between the two houses:

House Conferees:iiKeffer, Jim - Chair/Bonnen/Crownover/Pena/Ritter

HB 3319

The House refuses to concur in Senate Amendments and requests the appointment of a conference committee with instructions to adjust the differences between the two houses:

House Conferees:iiKeffer, Jim - Chair/Bonnen/Davis, Yvonne/Hill/Ritter

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

BILLS SIGNED

The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:

HBi3011, HBi3017, HBi3024, HBi3038, HBi3093, HBi3098, HBi3114, HBi3131, HBi3147, HBi3171, HBi3182, HBi3195, HBi3210, HBi3211, HBi3225, HBi3236, HBi3261, HBi3266, HBi3270, HBi3273, HBi3290, HBi3291, HBi3295, HBi3300, HBi3352, HBi3353, HBi3355, HBi3367, HBi3392, HBi3407, HBi3435, HBi3439, HBi3457, HBi3470, HBi3485, HBi3495, HBi3502, HBi3558, HBi3593, HBi3619, HBi3647.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1498 ADOPTED

Senator Eltife called from the President's table the Conference Committee Report on HBi1498. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Eltife, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4637

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1060 ADOPTED

Senator Harris called from the President's table the Conference Committee Report on HBi1060. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Harris, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

(Senator Eltife in Chair)

CONFERENCE COMMITTEE ON HOUSE BILL 1386

Senator Fraser called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1386 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1386 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Fraser, Chair; Eltife, Watson, Carona, and West.

CONFERENCE COMMITTEE ON HOUSE BILL 2094

Senator Carona called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2094 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2094 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Carona, Chair; Ellis, Estes, Wentworth, and Whitmire.

CONFERENCE COMMITTEE ON HOUSE BILL 3693

Senator Fraser called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3693 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3693 before appointment.

There were no motions offered.

4638 80th Legislature — Regular Session 68th Day

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Fraser, Chair; VanideiPutte, Estes, Shapiro, and Seliger.

CONFERENCE COMMITTEE ON HOUSE BILL 2207

Senator Watson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2207 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2207 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Watson, Chair; Harris, Duncan, Hinojosa, and Carona.

SENATE BILL 776 WITH HOUSE AMENDMENT

Senator Jackson called SBi776 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SBi776 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to certain educational requirements applicable to the regulation of the practice of chiropractic.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubsection (a), Section 201.052, Occupations Code, is amended to read as follows:

(a)iiA person is not eligible to serve as a member of the board if the person:

(1)iiis a member of the faculty or board of trustees of a chiropractic school or a doctor of chiropractic degree program;

(2)iiis a stockholder in a chiropractic school or college; or

(3)iihas a financial interest in a chiropractic school or college.

SECTIONi2.iiSubsection (a), Section 201.159, Occupations Code, is amended to read as follows:

(a)iiThe board shall preserve a record of its proceedings in a register that contains:

(1)iithe name, age, place, and duration of residence of each applicant for a license;

(2)iithe amount of time spent by the applicant in the study of chiropractic in respective doctor of chiropractic degree programs [schools]; and

(3)iiother information the board desires to record.

Saturday, May 26, 2007 SENATE JOURNAL 4639

SECTIONi3.iiSubsections (a) and (d), Section 201.302, Occupations Code, are amended to read as follows:

(a)iiAn applicant for a license by examination must present satisfactory evidence to the board that the applicant:

(1)iiis at least 18 years of age;

(2)iiis of good moral character;

(3)iihas completed 90 semester hours of college courses [at a school] other than courses included in a doctor of chiropractic degree program [school]; and

(4)iiis either a graduate or a final semester student of a bona fide reputable doctor of chiropractic degree program [school].

(d)iiNotwithstanding Subsection (a)(3), if the Council on Chiropractic Education or another national chiropractic education accreditation organization recognized by the board requires a number of semester hours of college courses [at a school] other than courses included in a doctor of chiropractic degree program [school] that is greater or less than the number of hours specified by that subsection to qualify for admission to a doctor of chiropractic degree program [school], the board may adopt the requirement of that organization if the board determines that requirement to be appropriate.

SECTIONi4.iiSubsection (d), Section 201.303, Occupations Code, is amended to read as follows:

(d)iiA bona fide reputable doctor of chiropractic degree program [school] that satisfies Section 201.302(a)(4) is one that:

(1)iihas entrance requirements and a course of instruction as high as those of a better class of doctor of chiropractic degree programs [schools] in the United States;

(2)iimaintains a resident course of instruction equivalent to:

(A)iinot less than four terms of eight months each; or

(B)iinot less than the number of semester hours required by The University of Texas for a bachelor of arts or bachelor of science degree;

(3)iiprovides a course of instruction in the fundamental subjects listed in Section 201.305(b); and

(4)iihas the necessary teaching staff and facilities for proper instruction in all of the fundamental subjects listed in Section 201.305(b).

SECTIONi5.iiSection 201.309, Occupations Code, is amended to read as follows:

Sec.i201.309.iiLICENSE ISSUANCE TO CERTAIN OUT-OF-STATE APPLICANTS.iiThe board shall issue a license to practice chiropractic to an out-of-state applicant who:

(1)iisubmits a written application to the board on a form prescribed by the board, accompanied by the application fee set by the board and any other information requested by the board;

(2)iiis licensed in good standing to practice chiropractic in another state or foreign country that has licensing requirements substantially equivalent to the requirements of this chapter;

(3)iihas not been the subject of a disciplinary action and is not the subject of a pending investigation in any jurisdiction in which the applicant is or has been licensed;

4640 80th Legislature — Regular Session 68th Day

(4)iihas graduated from a doctor of chiropractic degree program [school] accredited by the Council on Chiropractic Education and approved by rule by the board;

(5)iihas passed a national or other examination recognized by the board relating to the practice of chiropractic;

(6)iihas passed the board's jurisprudence examination;

(7)iihas practiced chiropractic:

(A)iifor at least the three years immediately preceding the date of the application under this section; or

(B)iias a chiropractic educator in [at] a doctor of chiropractic degree program [school] accredited by the Council on Chiropractic Education for at least the three years immediately preceding the date of the application under this section; and

(8)iimeets any other requirements adopted by rule by the board under this chapter.

SECTIONi6.iiThe change in law made by this Act applies to an applicant who files an application for a license under Chapter 201, Occupations Code, on or after the effective date of this Act. An applicant who files an application before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

SECTIONi7.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

The amendment was read.

Senator Jackson moved to concur in the House amendment to SBi776.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1973 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on HBi1973. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 759 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on SBi759. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4641

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 36 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on SBi36. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RESOLUTION 1170

Senator Nelson offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SBi993 (nursing peer review and the regulation of the practice of nursing) to consider and take action on the following matters:

Senate Rules 12.03(3) and (4) are suspended to permit the committee to add new text to Subsection (a), Section 301.355, Occupations Code, to read as follows:

(a)iiThe president of a medical and dental unit, as defined by Section 61.003, Education Code, shall determine whether a nurse who is employed by the unit for practice in patient care or in clinical activities is a full-time employee for purposes of:

(1)iiemployees group benefits under Chapter 1551 or 1601, Insurance Code;

(2)iileave under Chapter 661 or 662, Government Code; and

(3)iilongevity pay under Section 659.043, Government Code.

Explanation: The change is necessary to require the president of a medical or dental unit to determine whether certain nurses are full-time employees for purposes of employees group benefits under Chapter 1601, Insurance Code, and leave under Chapter 662, Government Code.

SR 1170 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 993 ADOPTED

Senator Nelson called from the President's table the Conference Committee Report on SBi993. The Conference Committee Report was filed with the Senate on Thursday, May 24, 2007.

On motion of Senator Nelson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3849 ADOPTED

Senator Hinojosa called from the President's table the Conference Committee Report on HBi3849. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

4642 80th Legislature — Regular Session 68th Day

On motion of Senator Hinojosa, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

GUESTS PRESENTED

Senator Watson was recognized and introduced to the Senate family members of the late Clifford Antone:iihis sisters, Susan Antone and Janelle Raad; his niece, Georgette Raad; and his nephew, Jamal Raad.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Shapleigh, on behalf of Senator Ellis, was recognized and introduced to the Senate students from Pro-Vision School in Houston, accompanied by their teachers and parents.

The Senate welcomed its guests.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 126 ADOPTED

Senator Harris, on behalf of Senator Seliger, called from the President's table the Conference Committee Report on HBi126. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Harris, on behalf of Senator Seliger, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1383 ADOPTED

Senator Harris, on behalf of Senator Seliger, called from the President's table the Conference Committee Report on SBi1383. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Harris, on behalf of Senator Seliger, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1714 ADOPTED

Senator Harris, on behalf of Senator Seliger, called from the President's table the Conference Committee Report on SBi1714. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Harris, on behalf of Senator Seliger, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4643

CONFERENCE COMMITTEE ON HOUSE BILL 442

Senator Deuell called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi442 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi442 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Deuell, Chair; Hinojosa, Eltife, Seliger, and Lucio.

CONFERENCE COMMITTEE ON HOUSE BILL 1801

Senator Hegar called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1801 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1801 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Hegar, Chair; Seliger, Hinojosa, Deuell, and Nichols.

CONFERENCE COMMITTEE ON HOUSE BILL 2006

Senator Janek called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2006 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2006 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Janek, Chair; Duncan, Carona, Shapleigh, and Eltife.

CONFERENCE COMMITTEE ON HOUSE BILL 3385

Senator Janek called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3385 and moved that the request be granted.

The motion prevailed without objection.

4644 80th Legislature — Regular Session 68th Day

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3385 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Janek, Chair; Fraser, Estes, Averitt, and Watson.

CONFERENCE COMMITTEE ON HOUSE BILL 3838

Senator Hegar called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3838 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3838 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Hegar, Chair; Duncan, Estes, Uresti, and Hinojosa.

HOUSE CONCURRENT RESOLUTION 265

The Presiding Officer, Senator Eltife in Chair, laid before the Senate the following resolution:

WHEREAS, Major James R. Stegall (Ret.) of Austin rendered exceptional service to this country as an aviator in two wars and as a career officer in the United States Army; and

WHEREAS, Born in Bullard on February 6, 1922, and raised in East Austin, Major Stegall enlisted in the Texas Army National Guard directly after his graduation from Austin High School in 1940; he was mobilized into federal service on Novemberi25, 1940, as part of the 36th Infantry Division; and

WHEREAS, Major Stegall shipped out with the 36th Infantry for North Africa in April 1943 and saw his first combat the following September, when American forces established a beachhead at Salerno, Italy; appointed as a liaison pilot, Major Stegall served as a forward observer for the artillery, spotting targets and adjusting artillery fire to increase its effectiveness exponentially; he performed this duty flying at 55 miles per hour in unarmed, single-engine Piper Cub L-4s, known as Grasshoppers, which measured a mere 21 feet in length and 35 feet from wing tip to wing tip; Major Stegall's tour of duty in Italy extended into 1944 and included service at Rapido River; and

WHEREAS, At the conclusion of World War II, Major Stegall decided to make the army his career; subsequently designated an army aviator, he saw combat again in the Korean War, flying Grasshoppers once more in support of artillery; after landing with the 7th Infantry Division at Incheon in September 1950, he took part in the push to the Yalu River, in fighting near the Chosin Reservoir, and later in the drive back to the 38th parallel; and

Saturday, May 26, 2007 SENATE JOURNAL 4645

WHEREAS, Time and again, Major Stegall demonstrated unflinching courage and tenacity; once in Italy, a group of German fighters shot his wing strut in half, but he was able to land his plane, jump into another, and continue his mission; in Korea, when the Chinese overran American troops and some of the latter were left behind, encircled by the enemy, Major Stegall returned to the trapped soldiers seven times to bring out the wounded, in spite of intense ground fire; and

WHEREAS, Major Stegall was awarded the Silver Star with one Oak Leaf Cluster, the Distinguished Flying Cross with one Oak Leaf Cluster, the Air Medal with 25 Oak Leaf Clusters, the Army Commendation Ribbon, and a host of service medals and appendages; and

WHEREAS, This valiant Texan retired from the service in 1961; he and his wife, Doris, now make their home in East Austin, where they have long resided; and

WHEREAS, In recognition of his outstanding military record, the Texas Aviation Association has nominated Major Stegall for induction into the Texas Aviation Hall of Fame at the Lone Star Flight Museum in Galveston; now, therefore, be it

RESOLVED, That the 80th Legislature of the State of Texas hereby extend to Major James R. Stegall its profound appreciation for a job well done and recommend that he be inducted into the Texas Aviation Hall of Fame; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Major Stegall and forwarded to the Texas Aviation Hall of Fame and the Lone Star Flight Museum as an expression of high regard by the Texas House of Representatives and Senate.

WATSON

HCR 265 was read.

On motion of Senator Watson and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

GUESTS PRESENTED

Senator Watson was recognized and introduced to the Senate Major James R. Stegall of Austin and his wife, Doris.

The Senate welcomed its guests.

CONFERENCE COMMITTEE ON HOUSE BILL 3154

Senator Deuell called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3154 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3154 before appointment.

There were no motions offered.

4646 80th Legislature — Regular Session 68th Day

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Deuell, Chair; Janek, VanideiPutte, Hinojosa, and Seliger.

RECESS

On motion of Senator Brimer, the Senate at 12:52 p.m. recessed until 1:30ip.m. today.

AFTER RECESS

The Senate met at 1:35 p.m. and was called to order by the President.

RECESS

On motion of Senator Whitmire, the Senate at 1:40 p.m. recessed until 2:30ip.m. today.

AFTER RECESS

The Senate met at 2:45 p.m. and was called to order by the President.

CONFERENCE COMMITTEE ON HOUSE BILL 3

Senator Averitt called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Averitt, Chair; Eltife, Shapiro, Hegar, and Hinojosa.

CONFERENCE COMMITTEE ON HOUSE BILL 4

Senator Averitt called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi4 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi4 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Averitt, Chair; Seliger, Deuell, Uresti, and Nichols.

Saturday, May 26, 2007 SENATE JOURNAL 4647

CONFERENCE COMMITTEE ON HOUSE BILL 610

Senator Hegar called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi610 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi610 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Hegar, Chair; Nichols, Patrick, Watson, and West.

CONFERENCE COMMITTEE ON HOUSE BILL 2833

Senator Seliger called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2833 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi2833 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Seliger, Chair; VanideiPutte, Hegar, Deuell, and Williams.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1522 ADOPTED

Senator Williams called from the President's table the Conference Committee Report on HBi1522. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Williams, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 548 ADOPTED

Senator Carona called from the President's table the Conference Committee Report on SBi548. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Carona, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

4648 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1594 ADOPTED

Senator Carona called from the President's table the Conference Committee Report on HBi1594. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Carona, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3105 ADOPTED

Senator Duncan called from the President's table the Conference Committee Report on HBi3105. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Duncan, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE BILL 1833 WITH HOUSE AMENDMENT

Senator Duncan called SBi1833 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Amendment

Amend SBi1833 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the administration and powers of the Canadian River Municipal Water Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 5(b), Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953, is amended to read as follows:

(b).iiThe Board of Directors shall hold regular meetings, the date thereof to be established in the District's bylaws or by resolution. The President or any three members may call such special meetings as may be necessary in the administration of the District's business, provided that at least five days prior to the meeting date, the Secretary shall have mailed notice thereof to the address which each member shall file with the Secretary. Notices of special meetings may be waived in writing by any Director. The Board of Directors or Board committees may hold meetings by telephone conference call, videoconference call, or through communications over the Internet, in accordance with procedures provided by Subchapter F, Chapter 551, Government Code, if determined to be necessary or convenient by the President or any three members. Each Director shall receive a fee as provided by general law [of not more than Fifty ($50.00) Dollars for each attendance at a Board meeting and a fee of not more than Fifty ($50.00) Dollars] for each day devoted to District business

Saturday, May 26, 2007 SENATE JOURNAL 4649

SECTIONi2.iiSection 13, Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953, is amended to read as follows:

Sec.i13.iiDISTRICT POWERS. In addition to those herein otherwise mentioned, the District shall be and is hereby authorized to exercise the following powers, rights, privileges and functions:

(a)iiTo store, control, conserve, protect, distribute and utilize within or without the District or within or without the state the storm and flood waters and unappropriated flow of the Canadian River and its tributaries, and to prevent the escape of any such waters without first obtaining therefrom a maximum of public benefit, by the construction of a dam or dams across said river and its tributaries, or otherwise, by complying with Chapter 11, Water Code, and in such manner as shall fully recognize and be in harmony with the limitations of use of the waters of said river provided in the "Canadian River Compact" appearing as Chapter 43, Water Code. The District is also empowered to provide by purchase, contract, lease, gift, or in any other lawful manner, and to develop all facilities within or without the District or within or without the state deemed necessary or useful for the purpose of storing, controlling, conserving, protecting, distributing, processing and utilizing such surface water and the transportation thereof to the cities and areas comprising the District for municipal, domestic, industrial and other useful purposes permitted by law.

(b)iiTo acquire and develop within or without the District or within or without the state any other available source of surface, storm, flood, underground, or other water supply and to construct, acquire and develop all facilities deemed necessary or useful with respect thereto.

(c)iiTo acquire, construct, develop, operate, and maintain any and all property of any kind, real, personal, or mixed, or any interest in property whether within or without the District or within or without the state and to enter into any contracts with any person or legal entity and take all actions necessary or convenient in order to protect and preserve, and to prevent, eliminate, reduce, or minimize the pollution, contamination, or deterioration of the quality of, the water of the Canadian River or any of its tributaries or the water of any other source of water supply to the District in order to facilitate the use of the water for any lawful purpose.

(d)iiTo acquire, construct, develop, operate, and maintain any facilities or systems for drilling, pumping, capturing, reducing, intercepting, eliminating, impounding, controlling, using, injecting or otherwise capturing and disposing of brine, brackish water, saltwater, saline water, or other water contaminated by any type of chlorine, sodium, sulfates, or other chemical condition or characteristic detrimental to the quality of the water, whether the source of contaminated water is groundwater or surface water, within or without the District or within or without the state, and whether the facilities or systems are located within or without the District or within or without the state.

4650 80th Legislature — Regular Session 68th Day

(e)iiTo acquire or utilize surface or underground water rights and to develop surface or underground water resources in any manner in furtherance of the purposes described in Subsections (c) and (d) of this section.

(f)iiTo declare any facilities or system acquired or constructed under Subsections (a) through (e) of this section to be a part of the District's water supply system.

(g)iiTo acquire by purchase, construction, lease, gift, or in any other lawful manner, and to maintain, use and operate any and all property of any kind, real, personal or mixed, or any interest therein, within or without the boundaries of the District or within or without the state, necessary or convenient to the exercise of the powers, rights, privileges and functions possessed by the District under this Act.

(h)iiTo acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest therein, within or without the boundaries of the District, necessary or convenient to the exercise of the powers, rights, privileges and functions possessed by the District, in the manner provided by Chapter 21, Property Code, relating to eminent domain. The amount of and character of the property thus to be acquired shall be determined by the Board of Directors, provided that the District shall not have the right to so condemn any property which may be owned by any other political subdivision, city or town; provided, however, that as against persons, firms, and corporations, or receivers or trustees thereof, who have the power of eminent domain, the fee title may not be condemned, but the District may condemn only an easement. It is specifically provided, however, that the District does not have the authority to condemn underground water rights.

(i)iiTo sell or otherwise dispose of any surplus property of any kind, real, personal, or mixed, or any interest therein, which shall not be necessary to the operation of the District in accordance with general law applicable to a municipality or to a district created under Section 59, Article XVI, Texas Constitution; provided, however, that in all cases in which the Board of Directors considers the value of surplus real [such] property to be in excess of One Thousand [($1,000.00)] Dollars, the property [same] shall be sold only upon advertisement and competitive bids.

(j)iiTo require the relocation of roads and highways in the manner and to the extent permitted to Districts organized under Section 59 of Article XVI of the Texas Constitution; the cost of relocation of any roads, highways or railroads or telephone or telegraph properties or facilities made necessary by this Act and any reasonable actual damage incurred in changing and adjusting the lines and grades of railroads or such highways or roads or telephone or telegraph properties or facilities shall be paid by the District.

(k)iiTo make contracts with any person or legal entity, including the United States, the state, any political subdivision or body politic and corporate of the state, any other state, any political subdivision or body politic and corporate within any other state, and any interstate compact commission or similar organization, necessary or convenient to the exercise of the powers, rights, privileges and functions of the District and to take all actions and execute all instruments necessary or convenient to the exercise of the powers, rights, privileges and functions of the District.

(l)iiTo make or cause to be made surveys and engineering investigations for the information of the District, to facilitate the accomplishment of the purposes for which it is created.

Saturday, May 26, 2007 SENATE JOURNAL 4651

(m)iiTo borrow money for its corporate purposes, and without limitation of the generality of the foregoing to borrow money and accept grants, gratuities or other support from the United States of America or the State of Texas, or from any corporation or agency created or designated by the United States of America or the State of Texas, and, in connection with any such loan, grant, or other support, to enter into such arrangement with the United States of America or the State of Texas or such corporation or agency, of either as the District may deem advisable.

(n)iiTo make and issue its negotiable bonds for moneys borrowed in the manner and to the extent provided in this Act and with reference thereto or otherwise to contract in any manner it shall see fit and as may be required by any law pertaining to loans, grants or other support received from the United States of America or the State of Texas or from any corporation or agency, of either of them.

(o)iiTo make such contracts in the issuance of bonds as may be considered necessary or convenient to insure the marketability thereof.

(p)iiTo sue or be sued in its corporate name, provided that if the District prevails in a suit against a person or governmental entity entitled to recover attorney's fees, costs for expert witnesses, or any other related costs, the District is entitled to recover those fees and costs according to the same terms that would have governed recovery for the other person or governmental entity if the District had not prevailed.

(q)iiTo adopt, use and alter a corporate seal.

(r)iiTo make by-laws for the management and regulation of its affairs.

(s)iiTo fix and collect charges and rates for water services furnished by it and to impose penalties for failure to pay such charges and rates when due, provided that such charges, rates and penalties shall be fixed only by unanimous vote of the members of the Board of Directors constituting a quorum and who are present at a regular meeting.

(t)iiTo cooperate and to enter into contracts with cities, persons, firms, corporations and public agencies for the purpose of supplying and selling them surface, storm, flood, underground, and other water for municipal, domestic, industrial, and other useful purposes permitted by law, provided that cities and areas constituting the District shall be accorded priority in the allocation of the District's available surface, storm, flood, underground, and other water, and the Board of Directors shall prescribe rules to effectuate this provision. Any such contract may be upon such terms and for such time as the parties may agree, and it may provide that it shall continue in effect until the District's bonds specified therein and refunding bonds issued in lieu of such bonds are fully paid. The authority of each member or other city to enter into any contract with the District for the sale of water or other services or for any other purpose within the powers, rights, privileges, and functions of the District is vested exclusively in the governing body of each member or other city notwithstanding any provision of any home rule charter or any local ordinance of such member or other city, or of any other provision of any other law placing any restriction, limitation, or requirement on the authority of the governing body of any member or other city to enter into any such contract. No provision of the home rule charter or of any other ordinance of any member or other city, and no provision of any other law in conflict herewith will invalidate or impair, in whole or in part, the enforceability and validity of any contract entered into by the District with any

4652 80th Legislature — Regular Session 68th Day

(u)iiTo operate and maintain with the consent of the governing body of any city or town located within the District, any works, plants or facilities of any such city deemed necessary or convenient to the accomplishment of the purposes for which the District is created.

(v)iiTo levy, assess and collect ad valorem taxes to provide funds necessary to construct or acquire, maintain and operate improvements, works, plants and facilities deemed essential and beneficial to the District upon a favorable majority vote of the qualified property taxpaying electors voting at an election held for that purpose within the District; and also, when so authorized, to levy, assess and collect taxes to provide funds adequate to defray the cost of the maintenance and operation and administration of the District. Elections for the voting of such taxes shall be ordered by the Board of Directors and shall be held and conducted as provided herein for elections for the issuance of bonds and the levy of taxes in support thereof. When so levied such taxes, as well as taxes hereinafter provided to be levied in support of bond indebtedness, shall constitute a lien on the property against which such taxes are levied and assessed, and limitations shall not bar the collection and enforcement thereof.

(w)iiTo do any and all acts and things necessary or convenient to the exercise of the powers, rights, privileges or functions conferred upon or permitted the District by any other law.

SECTIONi3.iiSection 14, Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953, is amended to read as follows:

Sec.i14.ii[Awarding Construction or Purchase] Contracts. The District may negotiate, enter, and modify a contract in accordance with general law applicable to a municipality or to a district created under Section 59, Article XVI, Texas Constitution [Any contract requiring an expenditure of more than Twenty-five Thousand ($25,000.00) Dollars shall not be made until after publication of a notice to bidders once each week for two weeks before awarding the contract. Such notice shall be sufficient if it states the time and place when and where the bids will be opened, the general nature of the work to be done, or the material, equipment or supplies to be purchased, and states when and upon what terms copies of the plans and specifications may be obtained. The publication shall be in a newspaper published in the District designated by the Board of Directors].

SECTIONi4.iiSection 13, Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953, as amended by this Act, applies only to a suit filed on or after the effective date of this Act. A suit filed before that date is governed by the law in effect on the date the suit is filed, and that law is continued in effect for that purpose.

Saturday, May 26, 2007 SENATE JOURNAL 4653

SECTIONi5.iiSection 14, Chapter 243, Acts of the 53rd Legislature, Regular Session, 1953, as amended by this Act, applies only to a contract entered into on or after the effective date of this Act. A contract entered into before that date is governed by the law in effect on the date of the contract, and that law is continued in effect for that purpose.

SECTIONi6.iiThis Act takes effect September 1, 2007.

The amendment was read.

Senator Duncan moved to concur in the House amendment to SBi1833.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS APPOINTED CONFEREES ON THE FOLLOWING MEASURES:

HB 2265

House Conferees:iiHaggerty - Chair/Chavez/Pickett/Quintanilla/Talton

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 3 (non-record vote)

House Conferees:iiPuente - Chair/Callegari/Hamilton/Hartnett/Laubenberg

SB 11 (non-record vote)

House Conferees:iiCorte, Frank - Chair/Burnam/Escobar/Herrero/Isett, Carl

SB 101 (non-record vote)

House Conferees:iiMorrison - Chair/Branch/Howard, Donna/Villarreal/Woolley

SB 228 (non-record vote)

House Conferees:iiEiland - Chair/Bonnen/Dutton/Gonzalez Toureilles/Strama

SB 406 (non-record vote)

House Conferees:iiHartnett - Chair/Gonzales/Goolsby/Hopson/Hughes

SB 530 (non-record vote)

House Conferees:iiEissler - Chair/Delisi/Hochberg/Patrick, Diane/Zedler

4654 80th Legislature — Regular Session 68th Day

SB 718 (non-record vote)

House Conferees:iiGattis - Chair/Cook, Robby/Hopson/Kolkhorst/Van Arsdale

SB 758 (non-record vote)

House Conferees:iiRose - Chair/Davis, John/King, Susan/Naishtat/Parker

SB 765 (non-record vote)

House Conferees:iiFrost - Chair/Cook, Robby/Heflin/Kolkhorst/Otto

SB 909 (non-record vote)

House Conferees:iiMadden - Chair/Hochberg/Jones, Delwin/McReynolds/Oliveira

SB 960 (non-record vote)

House Conferees:iiHaggerty - Chair/Chavez/Pickett/Quintanilla/Talton

SB 964 (non-record vote)

House Conferees:iiHill - Chair/Alonzo/Davis, Yvonne/Hartnett/Krusee

SB 965 (non-record vote)

House Conferees:iiHill - Chair/Alonzo/Davis, Yvonne/Hartnett/Krusee

SB 1058 (non-record vote)

House Conferees:iiNoriega, Rick - Chair/Corte, Frank/Escobar/Garcia/Herrero

SB 1119 (non-record vote)

House Conferees:iiMurphy - Chair/Bailey/Delisi/Elkins/Hill

SB 1266 (non-record vote)

House Conferees:iiKrusee - Chair/Haggerty/Hill/Phillips/Pickett

SB 1332 (non-record vote)

House Conferees:iiChavez - Chair/Branch/Deshotel/Dutton/Frost

SB 1436 (non-record vote)

House Conferees:iiCreighton - Chair/Gattis/Guillen/O'Day/Pickett

SB 1731 (non-record vote)

House Conferees:iiIsett, Carl - Chair/Delisi/Gattis/Rose/Taylor

SB 1871 (non-record vote)

House Conferees:iiHochberg - Chair/Eissler/Kolkhorst/Mowery/Olivo

SB 1879 (non-record vote)

House Conferees:iiHamilton - Chair/Creighton/Delisi/Frost/Hopson

SB 1908 (non-record vote)

House Conferees:iiMenendez - Chair/Bailey/Chisum/Swinford/Thompson

SB 2003 (non-record vote)

House Conferees:iiPhillips - Chair/Gonzalez Toureilles/King, Tracy/Parker/Puente

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 1594 (144 Yeas, 0 Nays, 2 Present, not voting)

SB 792 (127 Yeas, 19 Nays, 2 Present, not voting)

Saturday, May 26, 2007 SENATE JOURNAL 4655

THE HOUSE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 1610 (139 Yeas, 1 Nays, 2 Present, not voting)

HB 3275 (142 Yeas, 0 Nays, 2 Present, not voting)

HB 3838 (146 Yeas, 0 Nays, 2 Present, not voting)

THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:

HB 1267, The House has refused to concur in Senate amendments to the following measure and requests the appointment of a conference committee to adjust the differences between the two houses:
House Conferees with instructions: Pena - Chair/Escobar/Gattis/Hartnett/Talton

SB 9, The House grants the request of the Senate and appoints the following conferees:
House Conferees with instructions: Branchi-iChair/ Eissler/ Madden/ McReynolds/ Morrison

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE BILL 839 WITH HOUSE AMENDMENT

Senator Duncan called SBi839 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 839 (House committee printing) as follows:

(1)iiIn SECTION 5 of the bill, in amended Subsection (a)(1), Section 614.017, Health and Safety Code (page 5, line 8), between "continuity of care" and "[this chapter]", insert "and services".

(2)iiIn SECTION 5 of the bill, in amended Subsection (a)(2), Section 614.017, Health and Safety Code (page 5, line 15), between "continuity of care" and "[this chapter]", insert "and services".

(3)iiIn SECTION 5 of the bill, in proposed Subsection (e), Section 614.017, Health and Safety Code (page 7, line 12), strike "other than as authorized by this section or other law or without" and substitute:

for purposes other than continuity of care and services, except as authorized by other law or by

The amendment was read.

Senator Duncan moved to concur in the House amendment to SBi839.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

4656 80th Legislature — Regular Session 68th Day

SENATE BILL 1232 WITH HOUSE AMENDMENTS

Senator Zaffirini called SBi1232 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Amendment

Amend SBi1232 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the manner of payment of higher education tuition and fees and to the repayment of emergency student loans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 54.007, Education Code, is amended by amending Subsections (a), (b), and (d), by amending and relettering Subsection (f), as added by Chapter 888, Acts of the 79th Legislature, Regular Session, 2005, as Subsection (g), and by adding Subsection (b-1) to read as follows:

(a)iiThe governing board of each institution of higher education shall provide for the payment of tuition and fees for [during] the fall and spring semesters through one of the following alternatives:

(1)iiexcept as provided by Subsection (b-1), full payment of tuition and fees in advance of the beginning of the semester; or

(2)ii[one-half] payment in installments under one or more payment plan options that require the first payment to be made [of tuition and fees] in advance of the beginning of the semester and the final payment to be made before the last day of the semester[, one-quarter payment prior to the start of the sixth class week, and the final one-quarter payment before the beginning of the eleventh class week].

(b)iiThe governing board of each institution of higher education shall provide for [may permit] the payment of tuition and fees for [during] a summer term through one of the following alternatives:

(1)iiexcept as provided by Subsection (b-1), full [for a student enrolled for a summer term of 12 weeks or longer that is not covered by Subdivision (2), one-half] payment of tuition and fees in advance of the beginning of the summer term[, one-quarter payment before the beginning of the fifth class week, and the final one-quarter payment before the beginning of the ninth class week];

(2)ii[for a student enrolled for a summer term of 16 weeks or longer, one-half] payment in installments under one or more payment plan options that require the first payment to be made [of tuition and fees] in advance of the beginning of the summer term and the final payment to be made before the last day of the term[, one-quarter payment before the beginning of the sixth class week, and the final one-quarter payment before the beginning of the 11th class week]; or [and]

(3)iifor a student enrolled for a summer term [not covered by Subdivision (1) or (2)] in a public junior college, public technical institute, or public state college, one-half payment of tuition and fees in advance of the beginning of the summer term and the remaining amount in one or two later payments to be made in the percentages

Saturday, May 26, 2007 SENATE JOURNAL 4657

(b-1)iiA student who owes a balance of tuition and fees as a result of a change in the student's class schedule or who owes a balance of tuition and fees of less than $100 after making an insufficient payment of tuition and fees previously due shall pay the balance owed not later than the next payment date established by the governing board under a payment plan adopted under Subsection (a)(2) or (b)(2), as applicable.

(d)iiA student who fails to make a full payment of the required amount of tuition and fees, including any incidental fees, by the due date may be prohibited from registering for classes until full payment is made. A student who fails to make full payment prior to the end of the semester or summer term may be denied credit for the work done that semester or term. The governing board may not impose on a student any sanction authorized by this subsection unless the governing board includes in any written or electronic agreement authorized [promissory note signed] by the [a] student the following statement printed in bold-faced type or in capital letters: "A STUDENT WHO FAILS TO MAKE FULL PAYMENT OF TUITION AND FEES, INCLUDING ANY INCIDENTAL FEES, BY THE DUE DATE MAY BE PROHIBITED FROM REGISTERING FOR CLASSES UNTIL FULL PAYMENT IS MADE. A STUDENT WHO FAILS TO MAKE FULL PAYMENT PRIOR TO THE END OF THE SEMESTER OR TERM MAY BE DENIED CREDIT FOR THE WORK DONE THAT SEMESTER OR TERM." The governing board shall notify a student of any delinquent tuition or fee payment as soon as practicable. The institution's records may be adjusted to reflect the student's failure to have properly enrolled for that semester.

(g)i[(f)]iiThe governing board shall require a student who elects to pay tuition and fees by installment under this section to enter into a written or electronic agreement reflecting the terms and conditions required by this section for the installment plan provided for the student by the governing board.

SECTIONi2.iiSection 56.053(a), Education Code, as amended by Chapters 80 and 655, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows:

(a)iiThe governing board of each institution shall adopt rules providing for the terms of the loan, subject to the following:

(1)iithe loan must be repaid over a period not to exceed 90 days for a loan made for a regular semester or long summer session or over a proportionately shorter period for loans made for a six-week summer session;

(2)iithe loan must be evidenced by a written or electronic agreement providing for one of the following:

(A)ii[promissory note that bears] interest on the loan at a rate of not more than five percent per year; or

(B)iian origination fee of not more than three percent of the amount of the loan; and

(3)iithe [maximum] loan amount per student may not exceed [be greater than] an amount equal to the tuition and mandatory [required] fees for the courses in which the student is actually enrolling.

4658 80th Legislature — Regular Session 68th Day

[(3)iithe maximum loan amount per student may not be less than an amount equal to the tuition and required fees for the courses in which the student is actually enrolling, unless the institution determines that a lower amount would be in the best interest of the student.]

SECTIONi3.ii(a) The change in law made by this Act applies to payment of tuition and fees and to emergency student loans for an academic period beginning with the 2007 fall semester unless this Act takes effect after July 1, 2007, in which event the change in law applies beginning with the 2008 spring semester.

(b)iiPayment of tuition and fees and emergency student loans for an academic period before the semester provided by Subsection (a) of this section are covered by the applicable law in effect before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

Floor Amendment No. 1

Amend CSSB 1232 (House committee printing) in SECTION 2 of the bill, in amended Subsection (a)(2)(B), Section 56.053, Education Code (page 4, line 17), by striking "three" and substituting "1.25".

The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SBi1232.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE ON HOUSE BILL 3613

Senator Deuell called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3613 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3613 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Deuell, Chair; VanideiPutte, Hinojosa, Eltife, and Seliger.

CONFERENCE COMMITTEE ON HOUSE BILL 1267

Senator Seliger called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1267 and moved that the request be granted.

The motion prevailed without objection.

Saturday, May 26, 2007 SENATE JOURNAL 4659

The President asked if there were any motions to instruct the conference committee on HBi1267 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Seliger, Chair; Ellis, Duncan, Hinojosa, and Harris.

CONFERENCE COMMITTEE ON HOUSE BILL 3560

Senator Janek called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3560 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3560 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Janek, Chair; Williams, Ellis, Fraser, and Brimer.

CONFERENCE COMMITTEE ON HOUSE BILL 2644

Senator West called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2644 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi2644 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators West, Chair; Carona, Deuell, Janek, and Ellis.

CONFERENCE COMMITTEE ON HOUSE BILL 1168

Senator Shapleigh called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1168 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi1168 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Shapleigh, Chair; Nelson, Duncan, Ogden, and Williams.

4660 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE ON HOUSE BILL 3315

Senator Duncan called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3315 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3315 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Duncan, Chair; Ogden, Williams, Whitmire, and Zaffirini.

CONFERENCE COMMITTEE ON HOUSE BILL 3438

Senator Lucio called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3438 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3438 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Lucio, Chair; Hinojosa, Averitt, Brimer, and Carona.

CONFERENCE COMMITTEE ON HOUSE BILL 3674

Senator Jackson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3674 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3674 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Jackson, Chair; Deuell, Harris, Patrick, and West.

CONFERENCE COMMITTEE ON HOUSE BILL 1113

Senator Uresti called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1113 and moved that the request be granted.

The motion prevailed without objection.

Saturday, May 26, 2007 SENATE JOURNAL 4661

The President asked if there were any motions to instruct the conference committee on HBi1113 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Uresti, Chair; Hinojosa, Seliger, Hegar, and Deuell.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1123 ADOPTED

Senator Ellis called from the President's table the Conference Committee Report on SBi1123. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Ellis, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE ON

SENATE BILL 1436 DISCHARGED

On motion of Senator Ellis and by unanimous consent, the Senate conferees on SBi1436 were discharged.

Question — Shall the Senate concur in the House amendments to SBi1436?

Senator Ellis moved to concur in the House amendments to SBi1436.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWilliams.

Absent-excused:iiGallegos.

SENATE RESOLUTION 1160

Senator Wentworth offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SBi593 (proof of, and providing notice to certain beneficiaries under, a decedent's will) to consider and take action on the following matters:

(1)iiSenate Rule 12.03(4) is suspended to permit the committee to add a SECTION to the bill to amend Section 6.02, House Bill No. 391, Acts of the 80th Legislature, Regular Session, 2007, to read as follows:

SECTIONi5.iiSection 6.02, H.B. No. 391, Acts of the 80th Legislature, Regular Session, 2007, as effective September 1, 2007, is amended to read as follows:

SECTIONi6.02.iiThe changes in law made by this article apply only to[:

[(1)iithe estate of a decedent who dies before the effective date of this article, if the probate or administration of the estate is pending on or commenced on or after the effective date of this article; and

4662 80th Legislature — Regular Session 68th Day

[(2)] the estate of a decedent who dies on or after the effective date of this article.

Explanation:iiThe addition of the SECTION to the bill is necessary to make a technical change in the applicability of an amendment made by SECTION 6.01, House Bill No. 391, Acts of the 80th Legislature, Regular Session, 2007, to Section 85, Texas Probate Code.

(2)iiSenate Rule 12.03(1) is suspended to permit the committee to change the text of the SECTION of the bill that is renumbered in the conference committee report as SECTION 6 to read as follows:

SECTIONi6.iiThe changes in law made by Sections 1, 2, 3, and 4 of this Act apply only to the estate of a decedent who dies on or after the effective date of this Act. The estate of a decedent who dies before the effective date of this Act is governed by the law in effect on the date of the decedent's death, and the former law is continued in effect for that purpose.

Explanation:iiThe change to the applicability provision of the bill is necessary to reflect the addition of SECTION 5 to the conference committee report and to avoid having the applicability provision affect that added SECTION.

SR 1160 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 593 ADOPTED

Senator Wentworth called from the President's table the Conference Committee Report on SBi593. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Wentworth, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 1951 (non-record vote)

House Conferees:iiHartnett - Chair/Gonzales/Goolsby/Hopson/Hughes

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

Saturday, May 26, 2007 SENATE JOURNAL 4663

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3928 ADOPTED

Senator Ogden called from the President's table the Conference Committee Report on HBi3928. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Ogden, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RULE 8.02 SUSPENDED

(Referral to Committee)

Senator Hinojosa moved to suspend Senate Rule 8.02 to take up for consideration HCRi121 at this time.

The motion prevailed.

HOUSE CONCURRENT RESOLUTION 121

The President laid before the Senate the following resolution:

WHEREAS, The Texas Legislative Medal of Honor was established to honor gallant and intrepid service by a member of the state or federal military forces, and through his courageous actions in Vietnam, Sergeant Alfredo "Freddy" Gonzalez distinguished himself as a worthy recipient of this prestigious honor; and

WHEREAS, Born May 23, 1946, in Edinburg and a graduate of Edinburg High School, Sergeant Gonzalez enlisted in the U.S. Marine Corps in May 1965; after his first tour of duty in Vietnam, he was chosen to train new marines for guerilla warfare; and

WHEREAS, A few months later, Sergeant Gonzalez learned of an ambush in which men who had served under him had been killed; impelled by a strong sense of duty to his fellow marines and to his country, he volunteered for a second tour in Vietnam; and

WHEREAS, When, at the end of January 1968, North Vietnamese and Viet Cong troops launched the massive Tet Offensive, Sergeant Gonzalez and his platoon were ordered to Hue to relieve the pressure on that city; en route to Hue, the platoon's convoy was hit by heavy fire on several occasions; during one such encounter, Sergeant Gonzalez saw an injured marine lying in the road ahead and ran through enemy fire to carry the man to cover, receiving fragmentation wounds in the rescue; and

WHEREAS, With the column halted by withering fire from a fortified machine-gun bunker, Sergeant Gonzalez proceeded to guide his men to a protective dike; he then moved out onto a road being raked by the gun and destroyed the bunker with hand grenades; later, on February 3, Sergeant Gonzalez was seriously wounded but continued to refuse medical treatment and to lead his men in their attack; and

WHEREAS, During fighting in Hue on February 4, his platoon of some 35 troops was again pinned down by a ferocious barrage; telling his unit to stay behind shelter, Sergeant Gonzalez moved forward aggressively with hand grenades and small antitank rockets, firing numerous rounds against enemy emplacements; and

4664 80th Legislature — Regular Session 68th Day

WHEREAS, Entering a church, where the North Vietnamese were heavily fortified, he succeeded in suppressing virtually all of their fire; before the last of it could be silenced, however, he was mortally wounded; and

WHEREAS, Because he succeeded in destroying so many North Vietnamese positions, Sergeant Gonzalez was credited with saving the lives of the men in his platoon; the following year, in consequence of his extraordinary and selfless action, he was posthumously awarded the Medal of Honor, becoming the only marine in combat during the Tet Offensive to receive that award; and

WHEREAS, For those with whom he served, the heroism displayed by Sergeant Gonzalez was completely in character; "it seemed like he was everywhere all the time," one remembered; "he was always there in the front, never in the back . . . he was always there for us"; and

WHEREAS, Among the awards subsequently conferred on Sergeant Gonzalez were three Purple Hearts, four Presidential Unit Citations, and a Combat Action Ribbon, Good Conduct Medal, National Defense Medal, and Cold War Certificate; in addition, he was the posthumous recipient of two South Vietnamese decorations–the Vietnam Cross of Gallantry with gold palm and star and the Vietnam Service Medal with four bronze stars; in 1996, the U.S. Navy commissioned a new guided missile-destroyer in his honor; and

WHEREAS, Through his unhesitating selflessness and his unfaltering devotion to duty, honor, and his country, Sergeant Alfredo Gonzalez embodied the highest ideals of the armed service, and he most assuredly merits the award of this state's supreme military medal; now, therefore, be it

RESOLVED, That the 80th Legislature of the State of Texas hereby posthumously confer the Texas Legislative Medal of Honor on Sergeant Alfredo "Freddy" Gonzalez in recognition of his heroic service and express to his family its deepest appreciation on behalf of all his fellow Texans; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the family of Sergeant Gonzalez as an expression of highest regard by the Texas House of Representatives and Senate.

HINOJOSA

HCRi121 was read.

On motion of Senator Hinojosa and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE ON HOUSE BILL 3249

Senator Brimer called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3249 and moved that the request be granted.

The motion prevailed without objection.

Saturday, May 26, 2007 SENATE JOURNAL 4665

The President asked if there were any motions to instruct the conference committee on HBi3249 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Brimer, Chair; Whitmire, Deuell, Harris, and Hegar.

CONFERENCE COMMITTEE ON HOUSE BILL 3609

Senator Ellis called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3609 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi3609 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Ellis, Chair; Brimer, Whitmire, Williams, and Harris.

CONFERENCE COMMITTEE ON HOUSE BILL 1137

Senator Zaffirini called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1137 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi1137 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Zaffirini, Chair; Watson, Eltife, Hegar, and Shapiro.

CONFERENCE COMMITTEE ON HOUSE BILL 12

Senator Estes called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi12 and moved that the request be granted.

The motion prevailed without objection.

The President asked if there were any motions to instruct the conference committee on HBi12 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate:iiSenators Estes, Chair; Ogden, Brimer, Hinojosa, and Jackson.

4666 80th Legislature — Regular Session 68th Day

BILL SIGNED

The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read:iiSBi792.

AT EASE

The President at 3:40ip.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

Senator Eltife at 4:37ip.m. called the Senate to order as In Legislative Session.

CONFERENCE COMMITTEE ON HOUSE BILL 2237

Senator Shapiro called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2237 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2237 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Shapiro, Chair; Janek, West, Williams, and VanideiPutte.

CONFERENCE COMMITTEE ON HOUSE BILL 539

Senator West called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi539 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi539 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators West, Chair; Lucio, Nichols, Patrick, and Wentworth.

CONFERENCE COMMITTEE ON HOUSE BILL 2265

Senator Averitt called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2265 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2265 before appointment.

There were no motions offered.

Saturday, May 26, 2007 SENATE JOURNAL 4667

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Averitt, Chair; Lucio, VanideiPutte, Carona, and Nelson.

CONFERENCE COMMITTEE ON HOUSE BILL 2383

Senator Lucio called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2383 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2383 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Lucio, Chair; Averitt, Hegar, Shapiro, and VanideiPutte.

CONFERENCE COMMITTEE ON HOUSE BILL 1919

Senator VanideiPutte called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1919 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1919 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators VanideiPutte, Chair; Williams, Duncan, Ellis, and Lucio.

CONFERENCE COMMITTEE ON HOUSE BILL 1565

Senator Uresti called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1565 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1565 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Uresti, Chair; Averitt, VanideiPutte, Wentworth, and Hegar.

4668 80th Legislature — Regular Session 68th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 275, In memory of Herriford "John" Williams of New Waverly.

HCR 279, In memory of Lloyd R. Smith of Collinsville.

HCR 280, Honoring Dr. Charles Florio of Mt. Pleasant on his retirement as president of Northeast Texas Community College.

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 1846 (non-record vote)

House Conferees:iiTruitt - Chair/Kolkhorst/McClendon/Otto/Villarreal

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

SB 548 (76 Yeas, 56 Nays, 2 Present, not voting)

SB 993 (139 Yeas, 0 Nays, 2 Present, not voting)

SB 1123 (141 Yeas, 1 Nays, 2 Present, not voting)

THE HOUSE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 2006 (125 Yeas, 11 Nays, 2 Present, not voting)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

CONFERENCE COMMITTEE ON HOUSE BILL 3851

Senator Shapiro called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3851 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3851 before appointment.

Saturday, May 26, 2007 SENATE JOURNAL 4669

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Shapiro, Chair; Nelson, West, Carona, and Zaffirini.

CONFERENCE COMMITTEE ON HOUSE BILL 3319

Senator Duncan called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3319 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3319 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Duncan, Chair; Ogden, Whitmire, Williams, and Zaffirini.

CONFERENCE COMMITTEE ON HOUSE BILL 3382

Senator Uresti called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3382 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3382 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Uresti, Chair; Zaffirini, Williams, Janek, and Shapiro.

CONFERENCE COMMITTEE ON HOUSE BILL 3826

Senator Zaffirini called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3826 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3826 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Zaffirini, Chair; Averitt, Shapiro, VanideiPutte, and Janek.

4670 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE ON HOUSE BILL 3314

Senator Duncan called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3314 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3314 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Duncan, Chair; Ogden, Whitmire, Williams, and Zaffirini.

CONFERENCE COMMITTEE ON HOUSE BILL 3200

Senator Whitmire called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3200 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3200 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Whitmire, Chair; Hinojosa, Seliger, Ogden, and Hegar.

CONFERENCE COMMITTEE ON HOUSE BILL 828

Senator Shapiro called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi828 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi828 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Shapiro, Chair; Nelson, Carona, Shapleigh, and Williams.

HOUSE CONCURRENT RESOLUTION 272

The Presiding Officer, Senator Eltife in Chair, laid before the Senate the following resolution:

WHEREAS, HBi4061 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

Saturday, May 26, 2007 SENATE JOURNAL 4671

WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it

RESOLVED by the 80th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction:

In SECTION 2 of the house engrossment (page 8, line 4), strike "South 68824' East", and substitute "South 68824'25" East".

ESTES

HCR 272 was read.

On motion of Senator Estes and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE ON HOUSE BILL 2667

Senator Deuell called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi2667 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi2667 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Deuell, Chair; Nelson, Hinojosa, Lucio, and VanideiPutte.

CONFERENCE COMMITTEE ON HOUSE BILL 3581

Senator Wentworth called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi3581 and moved that the request be granted.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HBi3581 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Wentworth, Chair; Nichols, West, Patrick, and Carona.

4672 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1270 ADOPTED

Senator Van de Putte called from the President's table the Conference Committee Report on HBi1270. The Conference Committee Report was filed with the Senate on Friday, May 18, 2007.

On motion of Senator VanideiPutte, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 155 ADOPTED

Senator Lucio called from the President's table the Conference Committee Report on HBi155. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Lucio, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3066 ADOPTED

Senator Patrick called from the President's table the Conference Committee Report on HBi3066. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Patrick, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2207 ADOPTED

Senator Watson called from the President's table the Conference Committee Report on HBi2207. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Watson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1562 ADOPTED

Senator Hinojosa called from the President's table the Conference Committee Report on SBi1562. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Hinojosa, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4673

SENATE BILL 1217 WITH HOUSE AMENDMENTS

Senator Whitmire, on behalf of Senator Gallegos, called SBi1217 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 1217 (House committee printing) as follows:

(1)iiIn existing SECTION 5 of the bill (page 4, line 9), strike "The changes in law" and substitute "Except as otherwise provided by this Act, the changes in law".

(2)iiInsert the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill as appropriate:

SECTIONi____.iiSection 28.04(d), Alcoholic Beverage Code, is amended to read as follows:

(d)iiThis section does not apply to a change in corporate control:

(1)iibrought about by the death of a shareholder if the shareholder's [his] surviving spouse or descendants are the shareholder's [his] successors in interest; or

(2)iibrought about when legal or beneficial ownership of over 50 percent of the stock of the corporation has been transferred:

(A)iito a person who possesses the qualifications required of other applicants for permits and is currently an officer of the corporation and has been an officer of the corporation ever since the date the original permit was issued; or

(B)iiif the permittee [pays a fee of $500 and] notifies the commission, on completed forms and attachments prescribed by the commission, of the proposed transfer [at least 10 days] prior to the date the transfer is to become effective and the commission does not find that circumstances exist that would be grounds for the denial of a renewal of the permit under Section 11.46 [of this code] and provided the ownership of the corporation immediately after the transfer satisfies the requirements of this code.

SECTIONi____.iiThe change in law made by this Act to Section 28.04, Alcoholic Beverage Code, applies to renewal of a mixed beverage permit that expires on or after the effective date of this Act, regardless of when legal or beneficial ownership of the corporation holding the permit changed.

Amendment No. 1 on Third Reading

Amend SB 1217 on third reading as follows:

(1) Insert the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill as appropriate:

SECTION ____. Section 11.40, Alcoholic Beverage Code, is repealed.

The amendments were read.

Senator Whitmire, on behalf of Senator Gallegos, moved to concur in the House amendments to SBi1217.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiPatrick.

Absent-excused:iiGallegos.

4674 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1499 ADOPTED

Senator Zaffirini called from the President's table the Conference Committee Report on SBi1499. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Zaffirini, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE CONCURRENT RESOLUTION 86

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, SBi222 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

RESOLVED by the 80th Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 222 by striking SECTION 6 of the bill and substituting the following:

SECTIONi6.iiThis Act takes effect September 1, 2007.

ELLIS

SCR 86 was read.

On motion of Senator Ellis and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

(Senator Brimer in Chair)

(Senator Eltife in Chair)

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 119 ADOPTED

Senator Ogden called from the President's table the Conference Committee Report on HBi119. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Ogden, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4675

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 126 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 1060 (145 Yeas, 0 Nays, 2 Present, not voting)

HB 1090 (139 Yeas, 4 Nays, 2 Present, not voting)

HB 1457 (141 Yeas, 0 Nays, 2 Present, not voting)

HB 1498 (140 Yeas, 0 Nays, 2 Present, not voting)

HB 1973 (143 Yeas, 1 Nays, 2 Present, not voting)

HB 2096 (142 Yeas, 1 Nays, 2 Present, not voting)

HB 3105 (143 Yeas, 0 Nays, 2 Present, not voting)

HB 3849 (143 Yeas, 0 Nays, 2 Present, not voting)

HB 3928 (136 Yeas, 5 Nays, 3 Present, not voting)

SB 593 (143 Yeas, 0 Nays, 2 Present, not voting)

SB 759 (145 Yeas, 0 Nays, 2 Present, not voting)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RULE 8.01 SUSPENDED

(Procedural Rules)

Senator VanideiPutte moved to suspend Senate Rule 8.01 to take up for consideration HCRi1 at this time.

The motion prevailed.

4676 80th Legislature — Regular Session 68th Day

HOUSE CONCURRENT RESOLUTION 1

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Military veterans who have served their country honorably and who were promised and have earned health care and benefits from the federal government through the Department of Veterans Affairs are now in need of these benefits; and

WHEREAS, Federal discretionary funding is controlled by the executive branch and the United States Congress through the budget and appropriations process; and

WHEREAS, Direct funding provides the Department of Veterans Affairs with a reliable, predictable, and consistent source of funding to provide timely, efficient, and high-quality health care for our veterans; and

WHEREAS, Currently almost 90 percent of federal health care spending is direct rather than discretionary, and only the funding for health care for active duty military, Native Americans, and veterans is subject to the discretion of the United States Congress; and

WHEREAS, Discretionary funding for health care lags behind both medical inflation and the increased demand for services; for example, the enrollment for veterans' health care increased 134 percent between fiscal years 1996 and 2004 yet funding increased only 34 percent during the same period when adjusted to 1996 dollars; and

WHEREAS, The Department of Veterans Affairs is the largest integrated health care system in the United States and has four critical health care missions: to provide health care to veterans, to educate and train health care personnel, to conduct medical research, and to serve as a backup to the United States Department of Defense and support communities in times of crisis; and

WHEREAS, The Department of Veterans Affairs operates 157 hospitals, with at least one in each of the contiguous states, Puerto Rico, and the District of Columbia; and

WHEREAS, The Department of Veterans Affairs operates more than 850 ambulatory care and community-based outpatient clinics, 132 nursing homes, 42 residential rehabilitation treatment programs, and 88 home care programs; and

WHEREAS, The Department of Veterans Affairs provides a wide range of specialized services to meet the unique needs of veterans, including spinal cord injury and dysfunction care and rehabilitation, blind rehabilitation, traumatic brain injury care, post-traumatic stress disorder treatment, amputee care and prosthetics programs, mental health and substance abuse programs, and long-term care programs; and

WHEREAS, The Department of Veterans Affairs health care system is severely underfunded, and had funding for the department's medical programs been allowed to grow proportionately as the system sought to admit newly eligible veterans following

Saturday, May 26, 2007 SENATE JOURNAL 4677

the eligibility reform legislation in 1996, the current veterans' health care budget would be approximately $10 billion more; and

WHEREAS, In a spirit of bipartisan accommodation, members of the United States Congress should collectively resolve the problem of discretionary funding and jointly fashion an acceptable formula for funding the medical programs of the Department of Veterans Affairs; now, therefore, be it

RESOLVED, That the 80th Legislature of the State of Texas hereby express its profound gratitude for the sacrifices made by veterans, including those suffering from various medical issues resulting from injuries that occurred while serving in the United States Armed Forces at home or abroad; and, be it further

RESOLVED, That the legislature hereby respectfully urge the Congress of the United States to support legislation for veterans' health care budget reform to allow assured funding; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the secretary of veterans affairs, to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.

VANiDEiPUTTE

HCRi1 was read.

On motion of Senator VanideiPutte and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE ON

SENATE BILL 964 DISCHARGED

On motion of Senator Shapiro and by unanimous consent, the Senate conferees on SBi964 were discharged.

Question — Shall the Senate concur in the House amendments to SBi964?

Senator Shapiro moved to concur in the House amendments to SBi964.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE BILL 1985 WITH HOUSE AMENDMENT

Senator Averitt called SBi1985 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

4678 80th Legislature — Regular Session 68th Day

Amendment

Amend SBi1985 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the McLennan County Groundwater Conservation District; providing authority to impose a tax and issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8821 to read as follows:

CHAPTER 8821. MCLENNAN COUNTY GROUNDWATER

CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec.i8821.001.iiDEFINITIONS. In this chapter:

(1)ii"Board" means the district's board of directors.

(2)ii"Director" means a board member.

(3)ii"District" means the McLennan County Groundwater Conservation District.

Sec.i8821.002.iiNATURE OF DISTRICT. The district is a groundwater conservation district in McLennan County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec.i8821.003.iiCONFIRMATION ELECTION REQUIRED. (a)iiIf the creation of the district is not confirmed at a confirmation election held before September 1, 2012:

(1)iithe district is dissolved on September 1, 2012, except that the district shall:

(A)iipay any debts incurred;

(B)iitransfer to McLennan County any assets that remain after the payment of debts; and

(C)iimaintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2)iithis chapter expires on September 1, 2012.

(b)iiThis section expires on September 1, 2012.

Sec.i8821.004.iiINITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of McLennan County, Texas.

Sec.i8821.005.iiCONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code. A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those purposes.

Sec.i8821.006.iiAPPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.

[Sections 8821.007-8821.020 reserved for expansion]

SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec.i8821.021.iiAPPOINTMENT OF TEMPORARY DIRECTORS. (a)iiNot later than the 45th day after the effective date of this chapter, five temporary directors shall be appointed as follows:

Saturday, May 26, 2007 SENATE JOURNAL 4679

(1)iithe McLennan County Commissioners Court shall appoint one temporary director from each of the four commissioners precincts in the county to represent the precincts in which the temporary directors reside; and

(2)iithe county judge of McLennan County shall appoint one temporary director who resides in the district to represent the district at large.

(b)iiIf there is a vacancy on the temporary board, the authority who appointed the temporary director whose position is vacant shall appoint a person to fill the vacancy.

(c)iiTemporary directors serve until the earlier of:

(1)iithe time the temporary directors become initial directors as provided by Section 8821.024; or

(2)iithe date this chapter expires under Section 8821.003.

Sec.i8821.022.iiORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors. If an agreement on location cannot be reached, the organizational meeting shall be at the McLennan County Courthouse.

Sec.i8821.023.iiCONFIRMATION ELECTION. (a)iiThe temporary directors shall hold an election to confirm the creation of the district.

(b)iiSection 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(c)iiExcept as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b), (c), and (e)-(i), Water Code, and the Election Code. Section 36.017(d), Water Code, does not apply to the confirmation election.

(d)iiThe ballot for the election must be printed in accordance with the Election Code and provide for voting for or against the proposition: "The creation of the McLennan County Groundwater Conservation District."

(e)iiIf a majority of the votes cast at the election are not in favor of the creation of the district, the temporary directors may call and hold a subsequent confirmation election. The subsequent election may not be held before the first anniversary of the date on which the previous election was held.

(f)iiThe district may contract with the elections administrator of McLennan County to conduct an election under this section.

Sec.i8821.024.iiINITIAL DIRECTORS. (a)iiIf creation of the district is confirmed at an election held under Section 8821.023, the temporary directors become the initial directors and serve for the terms provided by Subsection (b).

(b)iiThe initial directors representing commissioners precincts 2 and 4 serve a term expiring on December 31 following the expiration of two years after the date of the confirmation election, and the initial directors representing commissioners precincts 1 and 3 and the at-large director serve a term expiring on December 31 following the expiration of four years after the date of the confirmation election.

4680 80th Legislature — Regular Session 68th Day

Sec.i8821.025.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012.

[Sectionsi8821.026-8821.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec.i8821.051.iiGOVERNING BODY; TERMS. (a)iiThe district is governed by a board of five directors.

(b)iiDirectors serve staggered four-year terms, with two or three directors' terms expiring December 31 of each even-numbered year.

(c)iiA director may not serve more than three consecutive terms.

Sec.i8821.052.iiAPPOINTMENT OF DIRECTORS. (a)iiThe McLennan County Commissioners Court shall appoint one director from each of the four commissioners precincts and one director to represent the district at large.

(b)iiExcept as provided by Subsection (c), to be eligible to serve as director at large, a person must be a registered voter in the district. To serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.

(c)iiWhen the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which appointed even though the change in boundaries places the person's residence outside the precinct for which the person was appointed.

[Sections 8821.053-8821.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec.i8821.101.iiGROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, and Section 59, Article XVI, Texas Constitution, applicable to groundwater conservation districts.

Sec.i8821.102.iiREGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS. The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, if the well is not exempt under Section 36.117(b)(1), Water Code, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.

Sec.i8821.103.iiWELL SPACING RULES; EXEMPTIONS. (a)iiExcept as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.

(b)iiThe district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.

Saturday, May 26, 2007 SENATE JOURNAL 4681

(c)iiExcept as provided by this section, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district. The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.

Sec.i8821.104.iiADOPTION OF RULES AND ISSUANCE OF PERMITS. Before the district adopts a management plan, the district may adopt rules and issue permits.

Sec.i8821.105.iiCONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. The district and another governmental entity, including a river authority located in the district, may contract for the performance by that entity of a district function.

Sec.i8821.106.iiNO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

Sec.i8821.107.iiDISTRICT TERRITORY REQUIREMENTS; DISSOLUTION OF DISTRICT. (a)iiOn September 1, 2011, the district boundaries must include at least one county adjacent to McLennan County.

(b)iiAs soon as practicable after September 1, 2011, the Texas Commission on Environmental Quality shall determine whether the district complies with Subsection (a).

(c)iiIf the Texas Commission on Environmental Quality determines that the district does not comply with Subsection (a), the commission shall dissolve the district in accordance with Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water Code, regardless of whether the district meets the criteria for dissolution under Section 36.304(a), Water Code.

(d)iiThis section expires September 1, 2013.

[Sections 8821.108-8821.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec.i8821.151.iiREVENUE. To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may:

(1)iiassess fees for services or for water withdrawn from nonexempt wells; or

(2)iisolicit and accept grants from any private or public source.

Sec.i8821.152.iiFEES. The district may impose a user fee to pay for the creation and operation of the district, including permit hearings. The district may not impose a fee for agricultural use that is more than 20 percent of the rate for municipal use.

[Sections 8821.153-8821.200 reserved for expansion]

SUBCHAPTER E. DISSOLUTION

Sec.i8821.201.iiELECTION FOR DISSOLUTION. (a)iiIf the district has no outstanding bond or other long-term indebtedness, the district may be dissolved by a favorable vote of a majority of the registered voters of the district at an election held for that purpose.

(b)iiThe board shall hold a dissolution election if the board receives a petition for dissolution signed by at least 50 percent of the registered voters in the district as computed by using the list of registered voters for McLennan County.

(c)iiIf the district is dissolved under this section, the board shall:

4682 80th Legislature — Regular Session 68th Day

(1)iinotify the Texas Commission on Environmental Quality and the secretary of state of the dissolution; and

(2)iitransfer title to any assets of the district to McLennan County.

SECTIONi2.ii(a)iiThe legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b)iiThe governor has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

The amendment was read.

Senator Averitt moved to concur in the House amendment to SBi1985.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3613 ADOPTED

Senator Deuell called from the President's table the Conference Committee Report on HBi3613. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Deuell, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3693 ADOPTED

Senator Fraser called from the President's table the Conference Committee Report on HBi3693. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Fraser, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

Saturday, May 26, 2007 SENATE JOURNAL 4683

SENATE RESOLUTION 1172

Senator Shapiro offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SBi1031 (public school accountability and the administration of certain assessment instruments in public schools; providing a criminal penalty) to consider and take action on the following matters:

(1)iiSenate Rule 12.03(3) is suspended to permit the committee to change the text of amended Subsection (c), Section 39.023, Education Code, to add the following language:

If a student retakes an end-of-course assessment instrument for a course listed in this subsection, as provided by Section 39.025, a school district is not required to use the student's performance on the subsequent administration or administrations of the assessment instrument to determine the student's final grade for the course.

Explanation: The change is necessary to clarify that a school district is not required to use a student's performance on the subsequent administration or administrations of end-of-course assessment instruments to determine a student's final grade for a course.

(2)iiSenate Rule 12.03(4) is suspended to permit the committee to add new Subsections (b-1) and (b-2) to amended Section 39.025, Education Code, to read as follows:

(b-1)iiA school district shall provide each student who fails to achieve a score of at least 70 on an end-of-course assessment instrument with accelerated instruction in the subject assessed by the assessment instrument.

(b-2)iiIf a school district determines that a student, on completion of grade 11, is unlikely to achieve the cumulative score requirements for one or more subjects prescribed by Subsection (a) for receiving a high school diploma, the district shall require the student to enroll in a corresponding content-area college preparatory course for which an end-of-course assessment instrument has been adopted, if available. A student who enrolls in a college preparatory course described by this subsection shall be administered an end-of-course assessment instrument for the course, with the end-of-course assessment instrument scored on a scale of 40. A student may use the student's score on the end-of-course assessment instrument for the college preparatory course towards satisfying the cumulative score requirements prescribed by Subsection (a).

Explanation: The change is necessary to require a school district to provide accelerated instruction to a student who fails to score at least 70 on an end-of-course assessment instrument and to require certain students who appear unlikely to achieve the cumulative score required for graduation to enroll in an appropriate college preparatory course.

(3)iiSenate Rule 12.04(4) is suspended to permit the committee to add the following language in the SECTION of the bill that is renumbered in the conference committee report as SECTION 11 to read as follows:

4684 80th Legislature — Regular Session 68th Day

Sec.i39.0262.iiADMINISTRATION OF LOCAL ASSESSMENT INSTRUMENTS IN CERTAIN SUBJECT AREAS. (a)iiIn a subject area for which assessment instruments are administered under Section 39.023, a school district may not administer local assessment instruments to any student on more than 10 percent of the instructional days in any school year.

(b)iiThe prohibition prescribed by this section does not apply to the administration of a college preparation assessment instrument, an advanced placement test, an international baccalaureate examination, or an assessment instrument administered under Section 39.023.

Explanation: The change is necessary to prohibit a school district from administering certain assessment instruments to a student on more than 10 percent of the instructional days in a school year.

SR 1172 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1031 ADOPTED

Senator Shapiro called from the President's table the Conference Committee Report on SBi1031. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Shapiro, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RESOLUTION 1174

Senator Carona offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SBi1154 (registration and regulation of metal recycling entities; providing penalties) to consider and take action on the following matter:

Senate Rules 12.03(3) and (4) are suspended to permit the committee to change the text of SECTION 2 of the bill by adding new Subdivision (3), Section 1956.002, Occupations Code, to read as follows:

(3)iithe transport or hauling of recyclable materials to or from the metal recycling entity.

Explanation: The addition of the subdivision is necessary to provide that the chapter does not apply to the transport or hauling of recyclable materials to or from the metal recycling entity.

Senate Rule 12.03(4) is suspended to permit the committee to change the text of SECTION 2 of the bill by adding new Subsections (b-1), (c), (d), and (e), Section 1956.003, Occupations Code, to read as follows:

(b-1)iiA municipality or political subdivision of this state, other than a county, may not increase the local license or permit fee imposed on a metal recycling facility to an amount that exceeds 25 percent of the fee charged by the municipality or political subdivision on January 1, 2007. This subsection expires January 1, 2010.

Saturday, May 26, 2007 SENATE JOURNAL 4685

(c)iiA county, municipality, or political subdivision of this state that issues a license or permit to a business as authorized under Subsection (b) shall submit to the department in the manner required by the department information on each business that is issued a license or permit.

(d)iiA municipality or political subdivision of this state, other than a county, may not increase the local license or permit fee imposed on a metal recycling facility unless the increase is approved by the local governing body. A request for an increase in the local license or permit fee must be based on the costs associated with law enforcement and administration of the licensing or permitting program. The municipality or political subdivision must submit a report to the department on the law enforcement and administrative costs associated with the fee increase.

(e)iiA county may increase the local license or permit fee imposed on a metal recycling facility one additional time before the second anniversary of the date of the initial fee increase. The fee increase must be based on the average cost charged by municipalities statewide.

Explanation: The addition of the provisions to the bill is necessary to authorize and regulate local metal recycling entity licenses and permits.

Senate Rule 12.03(4) is suspended to permit the committee to change the text of SECTION 2 of the bill by adding new Subchapters A-1 and A-2, Chapter 1956, Occupations Code, to read as follows:

SUBCHAPTER A-1. POWERS AND DUTIES

Sec.i1956.011.iiADMINISTRATION OF CHAPTER. The department shall administer this chapter.

Sec.i1956.012.iiDEPARTMENT STAFF. The department may employ administrative and clerical staff as necessary to carry out this chapter.

Sec.i1956.013.iiRULES. The commission may adopt rules to administer this chapter, including rules:

(1)iiestablishing minimum requirements for registration under this chapter; and

(2)iiadopting forms required by this chapter.

Sec.i1956.014.iiFEES; REPORTS. (a) The commission by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for:

(1)iian initial application for a certificate of registration;

(2)iiissuance of a certificate of registration;

(3)iiissuance of a renewal certificate of registration; and

(4)iiissuance of a duplicate certificate of registration or duplicate renewal certificate of registration.

(b)iiThe commission may not impose a fee for issuance of a certificate of registration that exceeds $250 annually. The department shall report annually to the legislature, not later than December 1, any costs associated with administering this chapter that are not covered by the fees assessed under this chapter.

(c)iiThe department annually shall submit to both houses of the legislature a report on the number of metal recycling entities who have complied with the registration requirements under this chapter and the total number of metal recycling

4686 80th Legislature — Regular Session 68th Day

(d)iiNot later than March 1, 2008, the department shall submit to both houses of the legislature a report on the actual costs incurred by the department in administering this chapter. This subsection expires January 1, 2009.

Sec.i1956.015.iiSTATEWIDE ELECTRONIC REPORTING SYSTEM. (a) The department shall establish a statewide electronic reporting system to track the sales of regulated metal reported to the department under Section 1956.036.

(b)iiThe department shall post a summary of the reports provided to the department under Section 1956.036 on the department's Internet website. The summary must include by county or region the frequency with which a person presents regulated materials for sale to a metal recycling entity. The summary may not identify any person to which the metal recycling entity sells the regulated materials.

(c)iiSubsection (b) does not apply to regulated material sold by a utility company, municipality, manufacturer, railroad, cemetery, cable or satellite entity, or other business entity that routinely has access to regulated metal.

(d)iiThe department shall maintain the confidentiality of information provided under this section that relates to the financial condition or business affairs of a metal recycling entity or that is otherwise commercially sensitive. The confidential information is not subject to disclosure under Chapter 552, Government Code.

[Sections 1956.016-1956.020 reserved for expansion]

SUBCHAPTER A-2. CERTIFICATE OF REGISTRATION

Sec.i1956.021.iiREGISTRATION REQUIRED. A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the person is registered under this chapter.

Sec.i1956.022.iiISSUANCE OF CERTIFICATE; QUALIFICATIONS. (a)iiThe department shall issue a certificate of registration to an applicant who:

(1)iiapplies and pays a registration fee; and

(2)iipresents any relevant evidence relating to the applicant's qualifications as required by commission rule.

(b)iiThe commission by rule may establish qualifications for the holder of a certificate of registration under this chapter, which may include accepting copies of a license or permit issued by a county or municipality authorizing a metal recycling entity to conduct business in that county or municipality.

Sec.i1956.023.iiTERM OF CERTIFICATE. (a)iiA certificate of registration is valid for two years after the date of issuance.

(b)iiThe department shall adopt a system under which certificates of registration expire and are renewed on various dates.

(c)iiNot later than the 45th day before the date a person's certificate of registration is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.

(d)iiA person whose certificate of registration has expired may not make a representation for which a certificate of registration is required under Section 1956.021 or perform collections services until the certificate has been renewed.

Saturday, May 26, 2007 SENATE JOURNAL 4687

Sec.i1956.024.iiRENEWAL OF CERTIFICATE. (a)ii To renew a certificate of registration, a person must submit an application for renewal in the manner prescribed by the department.

(b)iiA person who is otherwise eligible to renew a certificate of registration may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate.

(c)iiA person whose certificate of registration has been expired for 90 days or less may renew the certificate by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(d)iiA person whose certificate of registration has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee.

(e)iiA person whose certificate of registration has been expired for one year or more may not renew the certificate. The person may obtain a new certificate of registration by complying with the requirements and procedures, including the examination requirements, for an original certificate.

Explanation: The addition of the subchapters is necessary to authorize the Texas Department of Public Safety and Public Safety Commission to administer the chapter, employ staff, adopt rules, prescribe fees, issue reports, establish a statewide electronic reporting system, and register metal recycling entities.

Senate Rule 12.03(4) is suspended to permit the committee to add the following:

SECTIONi4.iiChapter 1956, Occupations Code, is amended by adding Subchapters D and E to read as follows:

SUBCHAPTER D. DISCIPLINARY PROCEDURES

Sec.i1956.151.iiDENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The department shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person:

(1)iiobtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;

(2)iisells, barters, or offers to sell or barter a certificate of registration;

(3)iiviolates a rule adopted under this chapter; or

(4)iiviolates Section 1956.021.

Sec.i1956.152.iiINVESTIGATION. Within the limits of available resources, the department may investigate:

(1)iia person who engages in a practice that violates this chapter; and

(2)iia complaint filed with the department against a person registered under this chapter.

Sec.i1956.153.iiHEARING. (a) A person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is entitled to a hearing before the department if the person submits to the department a written request for the hearing.

(b)iiA hearing is governed by department rules for a contested hearing and by Chapter 2001, Government Code.

4688 80th Legislature — Regular Session 68th Day

[Sections 1956.154-1956.200 reserved for expansion]

SUBCHAPTER E. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec.i1956.201.iiENFORCEMENT PROCEEDINGS; INJUNCTION. (a) The department, the attorney general, or the district, county, or city attorney for the county or municipality in which an alleged violation of this chapter occurs may, on receipt of a verified complaint, bring an appropriate administrative or judicial proceeding to enforce this chapter or a rule adopted under this chapter.

(b)iiThe attorney general or an attorney representing the state may initiate an action for an injunction to prohibit a person from violating this chapter or a rule adopted under this chapter.

Sec.i1956.202.iiCIVIL PENALTY. (a) A person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty of not more than $1,000 for each violation.

(b)iiThe amount of the penalty shall be based on:

(1)iithe seriousness of the violation;

(2)iithe history of previous violations;

(3)iithe amount necessary to deter a future violation; and

(4)iiany other matter that justice may require.

(c)iiThe attorney general may sue to collect a civil penalty under this section. In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.

Sec.i1956.203.iiCRIMINAL PENALTY FOR CERTAIN SOLICITATION. (a) A person commits an offense if the person solicits the purchase of regulated material at a location other than a business location at which the material is produced as a by-product in the ordinary course of that business.

(b)iiAn offense under this section is a Class B misdemeanor.

Explanation: The addition of the subchapters is necessary to authorize the Texas Department of Public Safety to take disciplinary action and to conduct an investigation and to provide for the imposition of penalties and enforcement provisions.

Senate Rule 12.03(4) is suspended to permit the committee to add the following:

SECTIONi5.iiSubdivision (1), Section 1956.101, Occupations Code, is repealed.

Explanation: The repeal of a definition applicable to a subchapter is necessary to conform to the addition of a definition applicable to the entire subchapter.

Senate Rule 12.03(4) is suspended to permit the committee to add the following:

SECTIONi6.ii(a) Not later than January 1, 2008, the Public Safety Commission shall adopt the rules necessary to implement the changes in law made by this Act to Chapter 1956, Occupations Code.

(b)iiNot later than April 1, 2008, the Department of Public Safety of the State of Texas shall establish the statewide reporting system to track the sales of regulated metal as required under Chapter 1956, Occupations Code, as amended by this Act.

Explanation: The addition of SECTION 6 is necessary to reflect the addition of SECTION 5 to the conference committee report.

Senate Rule 12.03(4) is suspended to permit the committee to add the following:

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SECTIONi7.iiNotwithstanding Section 1956.021, Occupations Code, as added by this Act, a person is not required to hold a certificate of registration as a metal recycling entity under Chapter 1956, Occupations Code, as amended by this Act, before April 1, 2008.

Explanation: The addition is necessary to reflect the addition of the registration provisions to the conference committee report.

SR 1174 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1154 ADOPTED

Senator Carona called from the President's table the Conference Committee Report on SBi1154. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Carona, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2542 ADOPTED

Senator Estes called from the President's table the Conference Committee Report on HBi2542. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Estes, the Conference Committee Report was adopted by the following vote:iiYeasi29, Naysi1.

Nays:iiPatrick.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2819 ADOPTED

Senator Jackson called from the President's table the Conference Committee Report on HBi2819. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Jackson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2034 ADOPTED

Senator Shapiro called from the President's table the Conference Committee Report on HBi2034. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Shapiro, the Conference Committee Report was adopted by the following vote:iiYeasi29, Naysi1.

Nays:iiPatrick.

Absent-excused:iiGallegos.

4690 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 4139 ADOPTED

Senator Deuell called from the President's table the Conference Committee Report on HBi4139. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Deuell, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2823 ADOPTED

Senator Patrick called from the President's table the Conference Committee Report on HBi2823. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Patrick, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 899 ADOPTED

Senator Deuell called from the President's table the Conference Committee Report on HBi899. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Deuell, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

SB 36 (142 Yeas, 1 Nays, 2 Present, not voting)

SB 1031 (141 Yeas, 0 Nays, 2 Present, not voting)

Saturday, May 26, 2007 SENATE JOURNAL 4691

SB 1383 (136 Yeas, 0 Nays, 2 Present, not voting)

SB 1714 (143 Yeas, 0 Nays, 2 Present, not voting)

THE HOUSE HAS DISCHARGED ITS CONFEREES AND CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 463 (140 Yeas, 1 Nays, 2 Present, not voting)

HB 2120 (143 Yeas, 0 Nays, 2 Present, not voting)

HB 3694 (143 Yeas, 0 Nays, 2 Present, not voting)

THE HOUSE HAS DISCHARGED ITS CONFEREES AND APPOINTED NEW CONFEREES ON THE FOLLOWING MEASURES:

SB 1846 (non-record vote)

House Conferees:iiTruitt - Chair/Keffer, Jim/Kolkhorst/McClendon/Otto

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1638 ADOPTED

Senator Jackson called from the President's table the Conference Committee Report on HBi1638. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Jackson, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1879 ADOPTED

Senator Williams called from the President's table the Conference Committee Report on SBi1879. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Williams, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1266 ADOPTED

Senator Brimer called from the President's table the Conference Committee Report on SBi1266. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Brimer, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

4692 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 960 ADOPTED

Senator Shapleigh called from the President's table the Conference Committee Report on SBi960. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Shapleigh, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RULE 8.01 SUSPENDED

(Procedural Rules)

Senator VanideiPutte moved to suspend Senate Rule 8.01 to take up for consideration HCRi198 at this time.

The motion prevailed.

HOUSE CONCURRENT RESOLUTION 198

The Presiding Officer, Senator Eltife in Chair, laid before the Senate the following resolution:

WHEREAS, The Texas Residential Construction Commission (TRCC) was created in 2003 to provide homeowners and residential builders with the opportunity to resolve their differences through a state-sponsored inspection and dispute resolution process by the enactment of the Texas Residential Construction Commission Act (Title 16, Property Code); and

WHEREAS, The mission of the TRCC is to promote quality construction in Texas by registering builders and residential construction projects, providing information and education to homeowners and industry members, and reviewing consumer complaints regarding alleged postconstruction defects; as part of its governing philosophy, the TRCC is committed to addressing the needs of consumers and industry members in a fair and efficient manner, promoting collaboration between consumers and builders when disputes arise; and

WHEREAS, The San Antonio Housing Authority (SAHA) receives funds from the U.S. Department of Housing and Urban Development to build and maintain affordable housing in San Antonio communities; one of SAHA's principal goals is to increase home ownership in the city for first-time homebuyers and low-income residents; and

WHEREAS, In 2000, SAHA constructed the 159 single-family dwellings that comprise the Mirasol Homes project to give low-income families the opportunity to own their own homes through a lease-to-purchase program; to date, more than 80 of the homes have been purchased, and approximately 20 additional homes are occupied by families under a lease-to-purchase agreement; and

WHEREAS, In recent months, several owners and tenants of Mirasol Homes properties have contacted SAHA to voice their concerns about the structural viability of their dwellings, including problems that may be the result of postconstruction defects; some of those residents have asked the housing authority to make repairs on their homes; and

Saturday, May 26, 2007 SENATE JOURNAL 4693

WHEREAS, TRCC is uniquely positioned to draw on its expertise within the residential construction industry and coordinate with SAHA as the housing authority addresses the concerns of the Mirasol residents; working together, TRCC and SAHA could develop and implement a plan for the inspection of potentially defective dwellings, the repair and reinspection of any defects found, and the establishment of procedures to provide mediation between SAHA and the Mirasol homeowners and tenants; and

WHEREAS, As a political subdivision of the state, however, SAHA is exempt from TRCC oversight under provisions of the Property Code; additionally, because the Mirasol properties were constructed and sold before TRCC was created, the commission lacks the authority to assist SAHA with the Mirasol Homes construction disputes; now, therefore, be it

RESOLVED, That the 80th Legislature of the State of Texas hereby respectfully request the Texas Residential Construction Commission to work in cooperation with the San Antonio Housing Authority to create and implement an inspection and mediation plan that would address the concerns of the homeowners and tenants of certain Mirasol Homes properties; and, be it further

RESOLVED, That the secretary of state forward an official copy of this resolution to the chair and the executive director of the Texas Residential Construction Commission, to the chair and the president and chief executive officer of the San Antonio Housing Authority, and to the mayor of the City of San Antonio.

VANiDEiPUTTE

HCRi198 was read.

On motion of Senator VanideiPutte and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution except as follows:

Absent-excused:iiGallegos.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 26, 2007

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 3678 (107 Yeas, 28 Nays, 2 Present, not voting)

4694 80th Legislature — Regular Session 68th Day

THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 2458 (137 Yeas, 2 Nays, 2 Present, not voting)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RESOLUTION 1177

Senator Carona offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SBi344 (additional exit conference required following inspection, survey, or investigation of, and temporary change of ownership licenses for, certain facilities) to consider and take action on the following matter:

Senate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi2.iiSection 242.0336, Health and Safety Code, is amended by amending Subsections (a) and (c) through (g) and adding Subsections (b-1) through (b-5), (c-1), and (d-1) to read as follows:

(a)iiFor purposes of this section, a temporary change of ownership license is a temporary 90-day license issued to an applicant who proposes to become the new operator of an institution existing on the date the application is filed.

(b-1)iiExcept as provided by Subsection (b-2), the department may not issue a temporary change of ownership license before the 31st day after the date the department has received both:

(1)iithe application for the license; and

(2)iinotification, in writing, of the intent of the institution's existing license holder to transfer operation of the institution to the applicant beginning on a date specified by the applicant.

(b-2)iiNotwithstanding Section 242.0335, the department shall establish criteria under which the department may waive the 30-day requirement or the notification requirement of Subsection (b-1). The criteria may include the occurrence of forcible entry and detainer, death, or divorce or other events that affect the ownership of the institution by the existing license holder.

(b-3)iiAfter receipt of an application or written notification described by Subsection (b-1), the department may place a hold on payments to the existing license holder in an amount not to exceed the average of the monthly vendor payments paid to the facility, as determined by the department. The department shall release funds to the previous license holder not later than the 120th day after the date on which the final reporting requirements are met and any resulting informal reviews or formal appeals are resolved. The department may reduce the amount of funds released to the previous license holder by the amount owed to the department or the Health and Human Services Commission under the previous license holder's Medicaid contract or license.

Saturday, May 26, 2007 SENATE JOURNAL 4695

(b-4)iiThe executive commissioner of the Health and Human Services Commission shall adopt rules for the department that define a change of ownership. In adopting the rules, the executive commissioner shall consider:

(1)iithe proportion of ownership interest that is being transferred to another person;

(2)iithe addition or removal of a stockholder, partner, owner, or other controlling person;

(3)iithe reorganization of the license holder into a different type of business entity; and

(4)iithe death or incapacity of a stockholder, partner, or owner.

(b-5)iiThe executive commissioner may adopt rules for the department that require a license holder to notify the department of any change, including a change that is not a change of ownership, as that term is defined by rules adopted under Subsection (b-4). Nothing in this section prevents the department from acting under Section 242.061 or any other provision of this chapter.

(c)iiThe department shall issue or deny a temporary change of ownership license not later than the 31st [30th] day after the date of receipt of the completed application. The effective date of a temporary change of ownership license issued under this section is the date requested in the application unless:

(1)iithe department does not receive the application and written notification described by Subsection (b-1) at least 30 days before that date; and

(2)iino waiver under Subsection (b-2) applies.

(c-1)iiIf the department does not receive the application and written notification required by Subsection (b-1) at least 30 days before the effective date requested in the application and Subsection (b-2) does not apply, the effective date of the temporary change of ownership license is the 31st day after the date the department receives both the application and the notification.

(d)iiExcept as provided in Subsection (d-1), after [After] the department issues a temporary change of ownership license to the applicant, the department shall conduct an inspection or survey of the nursing facility under Section 242.043 as soon as reasonably possible. During the period between the issuance of the temporary license and the inspection or survey of the nursing facility or desk review under Subsection (d-1), the department may not place a hold on vendor payments to the temporary license holder.

(d-1)iiThe department shall establish criteria under which a desk review of the facility's compliance with applicable requirements may be substituted for the on-site inspection or survey under Subsection (d).

(e)iiAfter conducting an inspection or survey under Subsection (d) or a desk review under Subsection (d-1), the department shall issue a license under Section 242.033 to the temporary change of ownership license holder if the nursing facility passes the desk review, inspection, or survey and the applicant meets the requirements of Section 242.033. If the nursing facility fails to pass the desk review, inspection, or survey or the applicant fails to meet the requirements of Section 242.033, the department may:

(1)iiplace a hold on vendor payments to the temporary change of ownership license holder; and

4696 80th Legislature — Regular Session 68th Day

(2)iitake any other action authorized under this chapter.

(f)iiIf the applicant meets the requirements of Section 242.033 and the nursing facility passes a desk review, [an] initial inspection, or [a] subsequent inspection before the temporary change of ownership license expires, the license issued under Section 242.033 is considered effective on the date the department determines under Subsection (c) or (c-1) [requested in the application for a temporary change of ownership].

(g)iiA temporary change of ownership license issued under Subsection (b) expires on the 90th [91st] day after the effective date established under Subsection (c) or (c-1) [date the license was issued].

Explanation: The addition of the SECTION to the bill is necessary to address a temporary change of ownership licenses for certain facilities.

Senate Rules 12.03(3) and (4) are suspended to permit the committee to add the following:

SECTIONi7.ii(a) As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 242.0336, Health and Safety Code, as amended by this Act.

(b)iiThe changes in law made by this Act to Section 242.0336, Health and Safety Code, apply only to a temporary change of ownership license application received by the Department of Aging and Disability Services on or after September 1, 2007. An application received by the department before September 1, 2007, is governed by the law in effect at the time the application is received, and the former law is continued in effect for that purpose.

Explanation: The addition of this provision is necessary to properly implement the addition of SECTION 2 to the conference committee report.

SR 1177 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 344 ADOPTED

Senator Carona called from the President's table the Conference Committee Report on SBi344. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Carona, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RESOLUTION 1185

Senator Wentworth offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rules 12.03(3) and (4) be suspended as provided by Senate Rule 12.08 to enable the conference committee appointed to resolved the differences on HBi1251 (the authority of a public agency, political subdivision,

Saturday, May 26, 2007 SENATE JOURNAL 4697

(h)i This section does not apply to a private entity that contracts to provide temporary solid waste disposal services to a construction project.

Explanation: The addition of the above Subsection (h) is necessary to prevent requirements concerning the use of solid waste collection and transportation services from being applied to those who may use temporary services for a construction project.

SR 1185 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1251 ADOPTED

Senator Wentworth called from the President's table the Conference Committee Report on HBi1251. The Conference Committee Report was filed with the Senate on Friday, May 25, 2007.

On motion of Senator Wentworth, the Conference Committee Report was adopted by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiGallegos.

SENATE RESOLUTION 1175

Senator Carona offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 80th Legislature, Regular Session, 2007, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on HBi1623, relating to certain offenses and fees imposed for operating a motor vehicle or vessel in violation of law, to consider and take action on the following matters:

(1)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi8.iiSection 521.457, Transportation Code, is amended by amending Subsections (e) and (f) and adding Subsection (f-1) to read as follows:

(e)iiExcept as provided by Subsections [Subsection] (f) and (f-1), an offense under this section is a Class C misdemeanor [punishable by:

[(1)iia fine of not less than $100 or more than $500; and

[(2)iiconfinement in county jail for a term of not less than 72 hours or more than six months].

(f)iiIf it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003, the offense is a Class B [A] misdemeanor.

(f-1)iiIf it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.

4698 80th Legislature — Regular Session 68th Day

Explanation: The change is necessary to add a provision to the bill related to the penalty for the offense of driving while license invalid due to the operation of a motor vehicle while intoxicated.

(2)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi9.iiSubchapter D, Chapter 542, Transportation Code, is amended by adding Sections 542.405 and 542.406 to read as follows:

Sec.i542.405.iiAMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY. If a local authority enacts an ordinance to enforce compliance with the instructions of a traffic-control signal by the imposition of a civil or administrative penalty, the amount of:

(1)iithe civil or administrative penalty may not exceed $75; and

(2)iia late payment penalty may not exceed $25.

Sec.i542.406.iiDEPOSIT OF REVENUE FROM CERTAIN TRAFFIC PENALTIES. (a)iiIn this section, "photographic traffic signal enforcement system" means a system that:

(1)iiconsists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal;

(2)iiis capable of producing one or more recorded photographic or digital images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal; and

(3)iiis designed to enforce compliance with the instructions of the traffic-control signal by imposition of a civil or administrative penalty against the owner of the motor vehicle.

(b)iiThis section applies only to a civil or administrative penalty imposed on the owner of a motor vehicle by a local authority that operates or contracts for the operation of a photographic traffic signal enforcement system with respect to a highway under its jurisdiction or that operates or contracts for the operation of any other type of electronic traffic law enforcement system consisting of a camera system that automatically produces one or more recorded photographs or digital images of the license plate on a motor vehicle or the operator of a motor vehicle.

(c)iiNot later than the 60th day after the end of a local authority's fiscal year, after deducting amounts the local authority is authorized by Subsection (d) to retain, the local authority shall:

(1)iisend 50 percent of the revenue derived from civil or administrative penalties collected by the local authority under this section to the comptroller for deposit to the credit of the regional trauma account established under Section 782.002, Health and Safety Code; and

(2)iideposit the remainder of the revenue in a special account in the local authority's treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement.

(d)iiA local authority may retain an amount necessary to cover the costs of:

(1)iipurchasing or leasing equipment that is part of or used in connection with the photographic traffic signal enforcement system in the local authority;

Saturday, May 26, 2007 SENATE JOURNAL 4699

(2)iiinstalling the photographic traffic signal enforcement system at sites in the local authority, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment, and associated labor costs;

(3)iioperating the photographic traffic signal enforcement system in the local authority, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by employees of the local authority, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and

(4)iimaintaining the general upkeep and functioning of the photographic traffic signal enforcement system.

(e)iiChapter 133, Local Government Code, applies to fee revenue described by Subsection (c)(1).

(f)iiIf under Section 133.059, Local Government Code, the comptroller conducts an audit of a local authority and determines that the local authority retained more than the amounts authorized by this section or failed to deposit amounts as required by this section, the comptroller may impose a penalty on the local authority equal to twice the amount the local authority:

(1)iiretained in excess of the amount authorized by this section; or

(2)iifailed to deposit as required by this section.

Explanation: This change is necessary to provide for the administration of a civil or administrative penalty imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

(3)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi13.iiSection 133.004, Local Government Code, is amended to read as follows:

Sec.i133.004.iiCIVIL FEES. This chapter applies to the following civil fees:

(1)iithe consolidated fee on filing in district court imposed under Section 133.151;

(2)iithe filing fee in district court for basic civil legal services for indigents imposed under Section 133.152;

(3)iithe filing fee in courts other than district court for basic civil legal services for indigents imposed under Section 133.153;

(4)iithe filing fees for the judicial fund imposed in certain statutory county courts under Section 51.702, Government Code;

(5)iithe filing fees for the judicial fund imposed in certain county courts under Section 51.703, Government Code;

(6)iithe filing fees for the judicial fund imposed in certain statutory probate courts under Section 51.704, Government Code;

(7)iifees collected under Section 118.015;

(8)iimarriage license fees for the family trust fund collected under Section 118.018;

(9)iimarriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022; [and]

4700 80th Legislature — Regular Session 68th Day

(10)iithe filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and

(11)iithe portion of the civil or administrative penalty described by Section 542.406(c)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

Explanation: This change is necessary to provide for the administration of a civil or administrative penalty imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

(4)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi14.iiSubtitle B, Title 9, Health and Safety Code, is amended by adding Chapter 782 to read as follows:

CHAPTER 782. REGIONAL EMERGENCY MEDICAL SERVICES

Sec.i782.001.iiDEFINITIONS. In this chapter:

(1)ii"Commission" means the Health and Human Services Commission.

(2)ii"Commissioner" means the executive commissioner of the Health and Human Services Commission.

Sec.i782.002.iiREGIONAL TRAUMA ACCOUNT. (a)iiThe regional trauma account is created as a dedicated account in the general revenue fund of the state treasury. Money in the account may be appropriated only to the commission to make distributions as provided by Section 782.003.

(b)iiThe account is composed of money deposited to the credit of the account under Section 542.406, Transportation Code, and the earnings of the account.

(c)iiSections 403.095 and 404.071, Government Code, do not apply to the account.

Sec.i782.003.iiPAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT. (a)iiThe commissioner shall use money appropriated from the regional trauma account established under Section 782.002 to fund uncompensated care of designated trauma facilities and county and regional emergency medical services located in the area served by the trauma service area regional advisory council that serves the local authority submitting money under Section 542.406, Transportation Code.

(b)iiIn any fiscal year, the commissioner shall use:

(1)ii96 percent of the money appropriated from the account to fund a portion of the uncompensated trauma care provided at facilities designated as state trauma facilities by the Department of State Health Services;

(2)iitwo percent of the money appropriated from the account for county and regional emergency medical services;

(3)iione percent of the money appropriated from the account for distribution to the 22 trauma service area regional advisory councils; and

(4)iione percent of the money appropriated from the account to fund administrative costs of the commission.

(c)iiThe money under Subsection (b) shall be distributed in proportion to the amount deposited to the account from the local authority.

Saturday, May 26, 2007 SENATE JOURNAL 4701

Explanation: This change is necessary to provide that money from civil or administrative penalties imposed by a local authority to enforce compliance with the instructions of a traffic-control signal is to be used for regional emergency medical services.

(5)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi15.iiSection 542.406, Transportation Code, as added by this Act, and Section 782.002, Health and Safety Code, as added by this Act, apply to revenue received by a local authority unit of this state from the imposition of a civil or administrative penalty on or after the effective date of this Act, regardless of whether the penalty was imposed before, on, or after the effective date of this Act.

Explanation: This change is necessary to implement the changes in law that provide for the administration of a civil or administrative penalty imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

(6)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi16.iiNot later than December 1, 2007, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement Chapter 782, Health and Safety Code, as added by this Act.

Explanation: This change is necessary to implement the changes in law that provide for the use of money from civil or administrative penalties imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

(7)iiSenate Rules 12.03(3) and (4) are suspended to permit the conference committee to add the following:

SECTIONi18.ii(a)iiExcept as provided by Subsection (b) of this section, this Act takes effect September 1, 2007.

(b)iiSections 9, 13, 14, 15, and 16 of this Act take effect only if Senate Bill No. 1119, Acts of the 80th Legislature, Regular Session, 2007, is enacted and becomes law.

Explanation: The change to the applicability provision of the bill is necessary to reflect the addition of SECTIONS 9, 13, 14, 15, and 16 to the conference committee report and to make the effectiveness of those SECTIONS contingent on the passage of Senate Bill No. 1119, Acts of the 80th Legislature, Regular Session, 2007.

SR 1175 was read and was adopted without objection.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1623 ADOPTED

Senator Carona called from the President's table the Conference Committee Report on HBi1623. The Conference Committee Report was filed with the Senate on Saturday, May 26, 2007.

On motion of Senator Carona, the Conference Committee Report was adopted by the following vote:iiYeasi28, Naysi2.

4702 80th Legislature — Regular Session 68th Day

Yeas:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiHarris, Patrick.

Absent-excused:iiGallegos.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 119

Senator Ogden submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi119 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi119 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2096

Senator Uresti submitted the following Conference Committee Report:

Austin, Texas

May 24, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2096 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

Saturday, May 26, 2007 SENATE JOURNAL 4703

The Conference Committee Report on HBi2096 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1154

Senator Carona submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1154 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to the registration and regulation of metal recycling entities; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiThe heading to Chapter 1956, Occupations Code, is amended to read as follows:

CHAPTER 1956. [SALES TO METAL DEALERS AND]

METAL RECYCLING ENTITIES

SECTIONi2.iiChapter 1956, Occupations Code, is amended by amending Subchapter A and adding Subchapters A-1, A-2, and A-3 to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS [SALE OF ALUMINUM, BRONZE, OR COPPER OR BRASS MATERIAL TO SECONDHAND METAL DEALERS]

Sec.i1956.001.iiDEFINITIONS. In this chapter [subchapter]:

4704 80th Legislature — Regular Session 68th Day

(1)ii"Aluminum material" means a product made from aluminum, an aluminum alloy, or an aluminum by-product. The term includes aluminum wiring and an aluminum beer keg but does not include another type of aluminum can used to contain a food or beverage.

(2)ii"Bronze material" means:

(A)iia cemetery vase, receptacle, or memorial made from bronze;

(B)iibronze statuary; or

(C)iimaterial readily identifiable as bronze, including bronze wiring.

(3)ii"Commission" means the Public Safety Commission.

(4)ii"Copper or brass material" means:

(A)iiinsulated or noninsulated copper wire or cable of the type used by a public utility or common carrier that contains copper or an alloy of copper or zinc [consists of at least 50 percent copper]; [or]

(B)iia copper or brass item of a type commonly used in construction or by a public utility; or

(C)iicopper pipe or copper tubing.

(5)i[(4)]ii"Department" means the Texas Department of Public Safety.

(6)ii"Director" means the public safety director.

(7)ii"Metal recycling entity" means a business that is operated from a fixed location and is predominantly engaged in:

(A)iiperforming the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal;

(B)iithe use of raw material products described under Paragraph (A) in the manufacture of producer or consumer goods; or

(C)iipurchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by Paragraph (A) or (B).

(8)i[(5)]ii"Personal identification document" means:

(A)iia valid driver's license issued by a state in the United States;

(B)iia United States military identification card; or

(C)ii[a passport issued by the United States or by another country and recognized by the United States; or

[(D)]iia personal identification certificate issued by the department under Section 521.101, Transportation Code, or a corresponding card or certificate issued by another state.

(9)i[(6)]ii"Regulated material" means:

(A)iialuminum material;

(B)iibronze material; [or]

(C)iicopper or brass material; or

(D)iiregulated metal.

(10)ii"Regulated metal" means:

(A)iimanhole covers;

Saturday, May 26, 2007 SENATE JOURNAL 4705

(B)iiguardrails;

(C)iimetal cylinders designed to contain compressed air, oxygen, gases, or liquids;

(D)iibeer kegs made from metal other than aluminum;

(E)iihistorical markers or cemetery vases, receptacles, or memorials made from metal other than aluminum;

(F)iiunused rebar;

(G)iistreet signs;

(H)iidrain gates;

(I)iisafes;

(J)iicommunication, transmission, and service wire or cable;

(K)iicondensing or evaporator coils for heating or air conditioning units;

(L)iiutility structures, including the fixtures and hardware;

(M)iialuminum or stainless steel containers designed to hold propane for fueling forklifts; and

(N)iimetal railroad equipment, including tie plates, signal houses, control boxes, signs, signals, traffic devices, traffic control devices, traffic control signals, switch plates, e-clips, and rail tie functions

[(7)ii"Secondhand metal dealer" means:

[(A)iian auto wrecker, a scrap metal processor, or another person or organization that purchases, collects, or solicits regulated material; or

[(B)iia person who operates or maintains a scrap metal yard or other place in which scrap metal or cast-off regulated material is collected or kept for shipment, sale, or transfer].

Sec.i1956.002.iiEXCEPTION. This chapter [subchapter] does not apply to:

(1)iia purchase of regulated material from a public utility or a manufacturing, industrial, [or other] commercial, retail, or other seller [vendor] that sells regulated material in the ordinary course of the seller's [vendor's] business;

(2)iia purchase of regulated material by a manufacturer whose primary business is the manufacture of iron and steel products made from melting scrap iron and scrap steel; or

(3)iithe transport or hauling of recyclable materials to or from the metal recycling entity.

Sec.i1956.003.iiLOCAL LAW. (a)iiA county, municipality, or political subdivision of this state may adopt a rule, charter, or ordinance or issue an order or impose standards that are more stringent than but do not conflict with this chapter or rules adopted under this chapter.

(b)iiA county, municipality, or political subdivision of this state may issue a license or permit to a business to allow the business to act as a metal recycling entity in that county or municipality and may impose a fee not to exceed $250 for the issuance or renewal of the license or permit.

(b-1)iiA municipality or political subdivision of this state, other than a county, may not increase the local license or permit fee imposed on a metal recycling facility to an amount that exceeds 25 percent of the fee charged by the municipality or political subdivision on January 1, 2007. This subsection expires January 1, 2010.

4706 80th Legislature — Regular Session 68th Day

(c)iiA county, municipality, or political subdivision of this state that issues a license or permit to a business as authorized under Subsection (b) shall submit to the department in the manner required by the department information on each business that is issued a license or permit.

(d)iiA municipality or political subdivision of this state, other than a county, may not increase the local license or permit fee imposed on a metal recycling facility unless the increase is approved by the local governing body. A request for an increase in the local license or permit fee must be based on the costs associated with law enforcement and administration of the licensing or permitting program. The municipality or political subdivision must submit a report to the department on the law enforcement and administrative costs associated with the fee increase.

(e)iiA county may increase the local license or permit fee imposed on a metal recycling facility one additional time before the second anniversary of the date of the initial fee increase. The fee increase must be based on the average cost charged by municipalities statewide.

[Sections 1956.004-1956.010 reserved for expansion]

SUBCHAPTER A-1. POWERS AND DUTIES

Sec.i1956.011.iiADMINISTRATION OF CHAPTER. The department shall administer this chapter.

Sec.i1956.012.iiDEPARTMENT STAFF. The department may employ administrative and clerical staff as necessary to carry out this chapter.

Sec.i1956.013.iiRULES. The commission may adopt rules to administer this chapter, including rules:

(1)iiestablishing minimum requirements for registration under this chapter; and

(2)iiadopting forms required by this chapter.

Sec.i1956.014.iiFEES; REPORTS. (a)iiThe commission by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for:

(1)iian initial application for a certificate of registration;

(2)iiissuance of a certificate of registration;

(3)iiissuance of a renewal certificate of registration; and

(4)iiissuance of a duplicate certificate of registration or duplicate renewal certificate of registration.

(b)iiThe commission may not impose a fee for issuance of a certificate of registration that exceeds $250 annually. The department shall report annually to the legislature, not later than December 1, any costs associated with administering this chapter that are not covered by the fees assessed under this chapter.

(c)iiThe department annually shall submit to both houses of the legislature a report on the number of metal recycling entities who have complied with the registration requirements under this chapter and the total number of metal recycling entities identified statewide. The report must include the information on metal recycling entities submitted to the department by municipalities, counties, and other political subdivisions of this state.

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(d)iiNot later than March 1, 2008, the department shall submit to both houses of the legislature a report on the actual costs incurred by the department in administering this chapter. This subsection expires January 1, 2009.

Sec.i1956.015.iiSTATEWIDE ELECTRONIC REPORTING SYSTEM. (a)iiThe department shall establish a statewide electronic reporting system to track the sales of regulated metal reported to the department under Section 1956.036.

(b)iiThe department shall post a summary of the reports provided to the department under Section 1956.036 on the department's Internet website. The summary must include by county or region the frequency with which a person presents regulated materials for sale to a metal recycling entity. The summary may not identify any person to which the metal recycling entity sells the regulated materials.

(c)iiSubsection (b) does not apply to regulated material sold by a utility company, municipality, manufacturer, railroad, cemetery, cable or satellite entity, or other business entity that routinely has access to regulated metal.

(d)iiThe department shall maintain the confidentiality of information provided under this section that relates to the financial condition or business affairs of a metal recycling entity or that is otherwise commercially sensitive. The confidential information is not subject to disclosure under Chapter 552, Government Code.

[Sections 1956.016-1956.020 reserved for expansion]

SUBCHAPTER A-2. CERTIFICATE OF REGISTRATION

Sec.i1956.021.iiREGISTRATION REQUIRED. A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the person is registered under this chapter.

Sec.i1956.022.iiISSUANCE OF CERTIFICATE; QUALIFICATIONS. (a)iiThe department shall issue a certificate of registration to an applicant who:

(1)iiapplies and pays a registration fee; and

(2)iipresents any relevant evidence relating to the applicant's qualifications as required by commission rule.

(b)iiThe commission by rule may establish qualifications for the holder of a certificate of registration under this chapter, which may include accepting copies of a license or permit issued by a county or municipality authorizing a metal recycling entity to conduct business in that county or municipality.

Sec.i1956.023.iiTERM OF CERTIFICATE. (a)iiA certificate of registration is valid for two years after the date of issuance.

(b)iiThe department shall adopt a system under which certificates of registration expire and are renewed on various dates.

(c)iiNot later than the 45th day before the date a person's certificate of registration is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.

(d)iiA person whose certificate of registration has expired may not make a representation for which a certificate of registration is required under Section 1956.021 or perform collections services until the certificate has been renewed.

4708 80th Legislature — Regular Session 68th Day

Sec.i1956.024.iiRENEWAL OF CERTIFICATE. (a)iiTo renew a certificate of registration, a person must submit an application for renewal in the manner prescribed by the department.

(b)iiA person who is otherwise eligible to renew a certificate of registration may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate.

(c)iiA person whose certificate of registration has been expired for 90 days or less may renew the certificate by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(d)iiA person whose certificate of registration has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee.

(e)iiA person whose certificate of registration has been expired for one year or more may not renew the certificate. The person may obtain a new certificate of registration by complying with the requirements and procedures, including the examination requirements, for an original certificate.

[Sections 1956.025-1956.030 reserved for expansion]

SUBCHAPTER A-3. PRACTICE BY CERTIFICATE HOLDERS

Sec.i1956.031i[1956.003].iiNOTICE TO SELLERS. (a)iiA metal recycling entity [secondhand metal dealer] shall at all times maintain in a prominent place in the entity's [dealer's] place of business, in open view to a seller of regulated material, a notice in two-inch lettering that:

(1)iiincludes the following language:

"A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY STATE LAW."

"WARNING: STATE LAW PROVIDES A CRIMINAL PENALTY FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A METAL RECYCLING ENTITY [SECONDHAND METAL DEALER] WHILE ATTEMPTING TO SELL ANY REGULATED MATERIAL."; and

(2)iistates the metal recycling entity's [secondhand metal dealer's] usual business hours.

(b)iiThe notice required by this section may be contained on a sign that contains another notice if the metal recycling entity [secondhand metal dealer] is required to display another notice under applicable law.

Sec.i1956.032i[1956.004].iiINFORMATION PROVIDED BY SELLER. (a)iiExcept as provided by Subsection (f), a [A] person attempting to sell regulated material to a metal recycling entity [secondhand metal dealer] shall:

(1)iidisplay to the metal recycling entity [secondhand metal dealer] the person's personal identification document [or sign a statement that the person does not possess such a document]; [and]

(2)iiprovide to the metal recycling entity the make, model, and license plate number of the motor vehicle used to transport the regulated material; and

(3)iieither:

Saturday, May 26, 2007 SENATE JOURNAL 4709

(A)iipresent written documentation evidencing that the person is the legal owner or is lawfully entitled to sell the regulated material; or

(B)iisign a written statement provided by the metal recycling entity [secondhand metal dealer] that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale.

(b)iiA person required by a municipality to prepare a signed statement consisting of the information required by Subsection (a)(3) [(a)(1) or (2)] may use the statement required by the municipality to comply with Subsection (a)(3) [(a)(1) or (2)].

(c)iiThe metal recycling entity [secondhand metal dealer] or the entity's [dealer's] agent shall visually verify the accuracy of the identification presented by the seller at the time of the purchase of regulated material and make a copy of the identification to be maintained by the entity in the entity's records, except as otherwise provided by Subsection (f).

(d)iiThe metal recycling entity or the entity's agent for recordkeeping purposes may photograph the seller's entire face, not including any hat, and obtain the name of the seller's employer.

(e)iiThe metal recycling entity or the entity's agent for recordkeeping purposes may take a photograph of the motor vehicle of the seller in which the make, model, and license plate number of the motor vehicle are identifiable in lieu of the information required under Subsection (a)(3).

(f)iiThe metal recycling entity is not required to make a copy of the identification as required under Subsection (c) or collect the information required under Subsection (a)(3) if:

(1)iithe seller signs the written statement as required under Subsection (a)(3);

(2)iithe seller has previously provided the information required under Subsection (a); and

(3)iithe previously provided information has not changed.

Sec.i1956.033i[1956.005].iiRECORD OF PURCHASE. (a)iiEach metal recycling entity [A secondhand metal dealer] in this state shall keep an accurate electronic record or an accurate and legible written record of each purchase made in the course of the entity's [dealer's] business from an individual of:

(1)iicopper or brass material [in excess of 50 pounds];

(2)iibronze material; [or]

(3)iialuminum material; or

(4)iiregulated metal [in excess of 40 pounds].

(b)iiThe record must be in English and include:

(1)iithe place and date of the purchase;

(2)iithe name and address of each individual from whom the regulated material is purchased or obtained;

(3)iithe identifying number of the seller's personal identification document;

(4)iia description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; and

(5)iithe information [statement] required by Section 1956.032(a)(3) [1956.004(a)(2)].

4710 80th Legislature — Regular Session 68th Day

Sec.i1956.034i[1956.006].iiPRESERVATION OF RECORDS. A metal recycling entity [secondhand metal dealer] shall preserve each record required by Sections 1956.032 and 1956.033 [Section 1956.005] until the third anniversary of the date the record was made.

Sec.i1956.035i[1956.007].iiINSPECTION OF RECORDS BY PEACE OFFICER. (a)iiOn request, a metal recycling entity [secondhand metal dealer] shall permit a peace officer of this state to inspect, during the entity's [dealer's] usual business hours:

(1)iia record required by Section 1956.033 [1956.005]; or

(2)iiregulated material in the entity's [dealer's] possession.

(b)iiThe inspecting officer shall inform the entity [dealer] of the officer's status as a peace officer.

Sec.i1956.036 [1956.008].iiFURNISHING OF REPORT TO DEPARTMENT. (a)iiExcept as provided by Subsection (b), not later than the seventh day after the date of the purchase or other acquisition of material for which a record is required under Section 1956.033 [1956.005], a metal recycling entity [secondhand metal dealer] shall send by facsimile or electronic mail to or file with the department a report containing the information required to be recorded under that section.

(b)iiIf a metal recycling entity [secondhand metal dealer] purchases bronze material that is a cemetery vase, receptacle, memorial, or statuary or a pipe that can reasonably be identified as aluminum irrigation pipe, the entity [dealer] shall:

(1)iinot later than the close of business on the entity's [dealer's] first working day after the purchase date, [orally] notify the department; and

(2)iinot later than the fifth day after the purchase date, mail to or file with the department a report containing the information required to be recorded under Section 1956.033 [1956.005].

(c)iiSubsection (b) does not apply to a purchase from:

(1)iithe manufacturer or fabricator of the material or pipe;

(2)iia seller bearing a bill of sale for the material or pipe; or

(3)iithe owner of the material or pipe.

Sec.i1956.037i[1956.009].iiPLACEMENT OF ITEMS ON HOLD. (a)iiA metal recycling entity may not dispose of, process, sell, or remove from the premises an item of regulated metal unless:

(1)iithe entity acquired the item more than 72 hours, excluding weekends and holidays, before the disposal, processing, sale, or removal; or

(2)iithe entity purchased the item from a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of its business.

(b)iiA peace officer who has reasonable suspicion to believe that an item of regulated material in the possession of a metal recycling entity [secondhand metal dealer] is stolen may place the item on hold by issuing to the entity [dealer] a written notice that:

(1)iispecifically identifies the item alleged to be stolen and subject to the hold; and

(2)iiinforms the entity [dealer] of the requirements of Subsection (c) [(b)].

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(c)i[(b)]iiOn receiving the notice, the entity [dealer] may not, except as provided by Subsection (e), process or remove from the entity's [dealer's] premises the identified item before the 60th [11th] day after the date the notice is issued unless the hold is released at an earlier time in writing by a peace officer of this state or a court order.

(d)i[(c)]iiAfter the holding period expires, the entity [dealer] may dispose of the item unless disposition violates a court order.

(e)iiIf a hold is placed on a purchase of regulated material, a metal recycling entity may not dispose of, process, sell, or remove from the premises any item from the purchased material unless the hold on the material is released.

Sec.i1956.038i[1956.010].iiPROHIBITED ACTS. A person may not, with the intent to deceive:

(1)iidisplay to a metal recycling entity [secondhand metal dealer] a false or invalid personal identification document in connection with the person's attempted sale of regulated material; [or]

(2)iimake a false, material statement or representation to a metal recycling entity [secondhand metal dealer] in connection with:

(A)iithat person's execution of a written statement required by Section 1956.032(a)(3) [1956.004(a)(1) or (2)]; or

(B)iithe entity's [dealer's] efforts to obtain the information required under Section 1956.033(b); or

(3)iidisplay or provide to a metal recycling entity any information required under Section 1956.032 that the person knows is false or invalid [1956.005(b)].

Sec.i1956.039.iiHOURS FOR PURCHASING MATERIAL. (a)iiSubject to Subsection (b), a county, municipality, or political subdivision may establish the hours during which a metal recycling entity may purchase regulated material.

(b)iiA metal recycling entity may not purchase from the general public regulated material:

(1)iimore than 15 consecutive hours in one day; or

(2)iilater than 9 p.m.

Sec.i1956.040 [1956.011]. CRIMINAL PENALTY. (a)iiA person commits an offense if the person knowingly violates Section 1956.038 [this subchapter]. An

[(b)iiExcept as provided by Subsection (c), an] offense under this subsection [section] is a Class A [B] misdemeanor unless it is shown on trial of the offense that[.

[(c)iiAn offense under this section is a Class A misdemeanor if] the person has previously been convicted of a violation of this subchapter, in which event the offense is a state jail felony [within the 36 months preceding the date of the offense].

(b)iiA person commits an offense if the person knowingly buys stolen regulated material. An offense under this subsection is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted under this subsection, in which event the offense is a state jail felony.

(c)iiA person commits an offense if the person knowingly sells stolen regulated material. An offense under this subsection is a state jail felony unless it is shown on trial of the offense that the person has previously been convicted under this subsection, in which event the offense is a third degree felony.

4712 80th Legislature — Regular Session 68th Day

(d)iiOn the conviction of a metal recycling entity [secondhand metal dealer] for an offense punishable under Subsection (b) [(c)], a court, in addition to imposing any other applicable penalty, may order that the entity [dealer] cease doing business as a metal recycling entity [secondhand metal dealer] for a period not to exceed:

(1)ii30 days from the date of the order for each violation that forms the basis of the conviction for a first offense; and

(2)ii180 days from the date of the order for each violation that forms the basis of the conviction if it is shown on trial of the offense that the person has previously been convicted under this section.

(e)iiIf conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

SECTIONi3.iiThe heading to Subchapter C, Chapter 1956, Occupations Code, is amended to read as follows:

SUBCHAPTER C. RESTRICTIONS ON SALE OF CERTAIN ITEMS TO METAL RECYCLING ENTITIES

SECTIONi4.iiChapter 1956, Occupations Code, is amended by adding Subchapters D and E to read as follows:

SUBCHAPTER D. DISCIPLINARY PROCEDURES

Sec.i1956.151.iiDENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The department shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person:

(1)iiobtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;

(2)iisells, barters, or offers to sell or barter a certificate of registration;

(3)iiviolates a rule adopted under this chapter; or

(4)iiviolates Section 1956.021.

Sec.i1956.152.iiINVESTIGATION. Within the limits of available resources, the department may investigate:

(1)iia person who engages in a practice that violates this chapter; and

(2)iia complaint filed with the department against a person registered under this chapter.

Sec.i1956.153.iiHEARING. (a)iiA person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is entitled to a hearing before the department if the person submits to the department a written request for the hearing.

(b)iiA hearing is governed by department rules for a contested hearing and by Chapter 2001, Government Code.

[Sections 1956.154-1956.200 reserved for expansion]

SUBCHAPTER E. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec.i1956.201.iiENFORCEMENT PROCEEDINGS; INJUNCTION. (a)iiThe department, the attorney general, or the district, county, or city attorney for the county or municipality in which an alleged violation of this chapter occurs may, on receipt of a verified complaint, bring an appropriate administrative or judicial proceeding to enforce this chapter or a rule adopted under this chapter.

Saturday, May 26, 2007 SENATE JOURNAL 4713

(b)iiThe attorney general or an attorney representing the state may initiate an action for an injunction to prohibit a person from violating this chapter or a rule adopted under this chapter.

Sec.i1956.202.iiCIVIL PENALTY. (a)iiExcept as provided by Subsection (d), a person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty of not more than $1,000 for each violation.

(b)iiThe amount of the penalty shall be based on:

(1)iithe seriousness of the violation;

(2)iithe history of previous violations;

(3)iithe amount necessary to deter a future violation; and

(4)iiany other matter that justice may require.

(c)iiThe attorney general may sue to collect a civil penalty under this section. In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.

(d)iiA civil penalty may not be assessed under this section for conduct described by Section 1956.038.

Sec.i1956.203.iiCRIMINAL PENALTY FOR CERTAIN SOLICITATION. (a)iiA person commits an offense if the person solicits the purchase of regulated material at a location other than a business location at which the material is produced as a by-product in the ordinary course of that business.

(b)iiAn offense under this section is a Class B misdemeanor.

SECTIONi5.iiSubdivision (1), Section 1956.101, Occupations Code, is repealed.

SECTIONi6.ii(a)iiNot later than January 1, 2008, the Public Safety Commission shall adopt the rules necessary to implement the changes in law made by this Act to Chapter 1956, Occupations Code.

(b)iiNot later than April 1, 2008, the Department of Public Safety of the State of Texas shall establish the statewide reporting system to track the sales of regulated metal as required under Chapter 1956, Occupations Code, as amended by this Act.

SECTIONi7.iiNotwithstanding Section 1956.021, Occupations Code, as added by this Act, a person is not required to hold a certificate of registration as a metal recycling entity under Chapter 1956, Occupations Code, as amended by this Act, before April 1, 2008.

SECTIONi8.iiThe change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before that date is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTIONi9.iiThis Act takes effect September 1, 2007.

The Conference Committee Report on SBi1154 was filed with the Secretary of the Senate.

4714 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1623

Senator Carona submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi1623 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi1623 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3066

Senator Patrick submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3066 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi3066 was filed with the Secretary of the Senate.

Saturday, May 26, 2007 SENATE JOURNAL 4715

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1562

Senator Hinojosa submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1562 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to treatment of certain animals and training for animal control officers; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiTitle 10, Health and Safety Code, is amended by adding Chapter 829 to read as follows:

CHAPTER 829.iiANIMAL CONTROL OFFICER TRAINING

Sec.i829.001.iiDEFINITIONS.iiIn this chapter:

(1)ii"Animal control officer" means a person who:

(A)iiis employed, appointed, or otherwise engaged primarily to enforce laws relating to animal control; and

(B)iiis not a peace officer.

(2)ii"Department" means the Department of State Health Services.

Sec.i829.0015.iiAPPLICABILITY OF CHAPTER.iiThe commissioners court of a county that has a population of 75,000 or less may adopt an order exempting the county from the application of this chapter. This chapter does not apply within the boundaries of a county for which an order is adopted under this section.

Sec.i829.002.iiTRAINING REQUIRED.iiA person may not perform the duties of an animal control officer unless:

(1)iithe person:

(A)iicompletes a basic animal control course under this chapter not later than the first anniversary of the date the person assumes animal control duties; or

4716 80th Legislature — Regular Session 68th Day

(B)iicompleted a personnel training course on or before June 30, 2008, under Section 823.004 as it existed on that date; and

(2)iithe person completes 30 hours of continuing education under this chapter during each three-year period following:

(A)iithe date the person completes the basic animal control course; or

(B)iiJune 30, 2008, if the person completed a personnel training course under Subdivision (1)(B).

Sec.i829.003.iiTRAINING COURSES.ii(a) The department shall prescribe the standards and curriculum for basic and continuing education animal control courses. The curriculum for both the basic and continuing education courses must include the following topics:

(1)iistate laws governing animal control and protection and animal cruelty;

(2)iianimal health and disease recognition, control, and prevention;

(3)iithe humane care and treatment of animals;

(4)iistandards for care and control of animals in an animal shelter;

(5)iistandards and procedures for the transportation of animals;

(6)iiprinciples and procedures for capturing and handling stray domestic animals and wildlife;

(7)iifirst aid for injured animals;

(8)iithe documentation of animal cruelty evidence and courtroom procedures;

(9)iianimal shelter operations and administration;

(10)iispaying and neutering, microchipping, and adoption;

(11)iicommunications and public relations;

(12)iistate and federal laws for possession of controlled substances and other medications; and

(13)iiany other topics pertinent to animal control and animal shelter personnel.

(b)iiIn prescribing the standards and curriculum of courses under this chapter, the department shall:

(1)iidetermine what is considered satisfactory completion of a course;

(2)iidetermine what is considered a passing grade on any postcourse tests and practical applications; and

(3)iirequire that a person attend all sessions of a course.

(c)iiA basic animal control course must be at least 12 hours.

(d)iiIn developing and approving the criteria and curriculum for animal control courses, the department shall consult with the Texas Animal Control Association and other animal control and animal protection organizations as the department considers appropriate.

Sec.i829.004.iiAVAILABILITY OF COURSES.ii(a) The department or the department's designee shall offer at least two basic animal control courses every calendar year in each of the department's zoonosis control regions.

(b)iiThe department or the department's designee shall offer at least 12 hours of continuing education animal control courses each calendar year in each of the department's zoonosis control regions.

Saturday, May 26, 2007 SENATE JOURNAL 4717

(c)iiThe department shall ensure the additional availability of animal control courses through sponsors approved by the department, which may include the Texas Animal Control Association.

Sec.i829.005.iiFEE.iiThe department and any authorized animal control course sponsor may charge reasonable fees to cover the cost of arranging and conducting an animal control course.

Sec.i829.006.iiISSUANCE OF CERTIFICATE.ii(a) The department or the department's designee shall:

(1)iimaintain the training records for each person satisfactorily completing any course offered under this chapter for the purpose of documenting and ensuring that the person is in compliance with the requirements of this chapter; and

(2)iiissue a certificate to each person satisfactorily completing a course offered under this chapter that contains:

(A)iithe person's name;

(B)iithe name of the course; and

(C)iithe date the course was completed.

(b)iiThe department or the department's designee may charge a reasonable fee to cover the cost of issuing a certificate required by Subsection (a).

Sec.i829.007.iiFACILITY CERTIFICATE.iiThe department shall issue a certificate to an animal shelter inspected under Section 823.003 or a quarantine or impoundment facility inspected under Section 826.052 that the department or the veterinarian conducting the inspection, as applicable, determines complies with this chapter.

Sec.i829.008.iiPAYMENT OF FEE.iiA political subdivision of this state may require that an individual pay a fee for a course or certificate under this chapter.

Sec.i829.009.iiCIVIL REMEDY.iiA person may sue for injunctive relief to prevent or restrain a substantial violation of this chapter.

SECTIONi2.iiSubsections (a) and (d), Section 823.003, Health and Safety Code, are amended to read as follows:

(a)iiEach animal shelter operated in this state shall comply with the standards for:

(1)iihousing and sanitation existing on September 1, 1982, and adopted under Chapter 826; and

(2)iianimal control officer training adopted under Chapter 829 [(Rabies Control Act of 1981)].

(d)iiEach person who operates an animal shelter shall employ a veterinarian at least once a year to inspect the shelter to determine whether it complies with the requirements of this chapter and Chapter 829. The veterinarian shall file copies of the veterinarian's [his] report with the person operating the shelter and with the department on forms prescribed by the department.

SECTIONi3.iiSection 826.052, Health and Safety Code, is amended to read as follows:

Sec.i826.052.iiINSPECTIONS.iiAn employee of the department, on the presentation of appropriate credentials to the local rabies control authority or the authority's designee, may conduct a reasonable inspection of a quarantine or impoundment facility at a reasonable hour to determine if the facility complies with:

(1)iithe minimum standards adopted by the board for those facilities; and

4718 80th Legislature — Regular Session 68th Day

(2)iithe requirements for animal control officer training adopted under Chapter 829.

SECTIONi4.iiSection 801.004, Occupations Code, is amended to read as follows:

Sec.i801.004.iiAPPLICATION OF CHAPTER.iiThis chapter does not apply to:

(1)iithe treatment or care of an animal in any manner by the owner of the animal, an employee of the owner, or a designated caretaker of the animal, unless the ownership, employment, or designation is established with the intent to violate this chapter;

(2)iia person who performs an act prescribed by the board as an accepted livestock management practice, including:

(A)iicastrating a male animal raised for human consumption;

(B)iidocking or earmarking an animal raised for human consumption;

(C)iidehorning cattle;

(D)iiaiding in the nonsurgical birth process of a large animal, as defined by board rule;

(E)iitreating an animal for disease prevention with a nonprescription medicine or vaccine;

(F)iibranding or identifying an animal in any manner;

(G)iiartificially inseminating an animal, including training, inseminating, and compensating for services related to artificial insemination; and

(H)iishoeing a horse;

(3)iithe performance of a cosmetic or production technique to reduce injury in poultry intended for human consumption;

(4)iithe performance of a duty by a veterinarian's employee if:

(A)iithe duty involves food production animals;

(B)iithe duty does not involve diagnosis, prescription, or surgery;

(C)iithe employee is under the direction and general supervision of the veterinarian; and

(D)iithe veterinarian is responsible for the employee's performance;

(5)iithe performance of an act by a person who is a full-time student of an accredited college of veterinary medicine or is a foreign graduate of a board-approved equivalent competency program for foreign veterinary graduates and who is participating in a board-approved extern or preceptor program if the act is performed under the direct supervision of a veterinarian employing the person;

(6)iian animal shelter employee who performs euthanasia in the course and scope of the person's employment if the person has successfully completed training in accordance with Chapter 829 [offered by the Texas Department of Health under Section 823.004], Health and Safety Code;

(7)iia person who is engaged in a recognized state-federal cooperative disease eradication or control program or an external parasite control program while the person is performing official duties required by the program;

(8)iia person who, without expectation of compensation, provides emergency care in an emergency or disaster; or

(9)iia consultation given to a veterinarian in this state by a person who:

(A)iiresides in another state; and

Saturday, May 26, 2007 SENATE JOURNAL 4719

(B)iiis lawfully qualified to practice veterinary medicine under the laws of that state.

SECTIONi5.iiSubsection (c), Section 38.151, Penal Code, is amended to read as follows:

(c)iiAn offense under this section is:

(1)iia Class C misdemeanor if the person commits an offense under Subsection (b)(1);

(2)iia Class B misdemeanor if the person commits an offense under Subsection (b)(2);

(3)iia Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);

(4)iiexcept as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or

(5)iia felony of the second [third] degree if the person commits an offense under Subsection (b)(6) or (7) by:

(A) killing a police service animal or [by] engaging in conduct likely to kill the animal;

(B)iiinjuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or

(C)iiengaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.

SECTIONi6.iiEffective July 1, 2008, Section 823.004, Health and Safety Code, is repealed.

SECTIONi7.iiNot later than December 1, 2007, the Department of State Health Services shall prescribe the standards and curriculum to be used in an animal control course required under Chapter 829, Health and Safety Code, as added by this Act.

SECTIONi8.iiThe changes in law made to Subsection (c), Section 38.151, Penal Code, by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTIONi9.ii(a)iiExcept as provided by Subsection (b) of this section, this Act takes effect September 1, 2007.

(b)iiSections 829.002 and 829.009, Health and Safety Code, as added by this Act, take effect July 1, 2008.

The Conference Committee Report on SBi1562 was filed with the Secretary of the Senate.

4720 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 155

Senator Lucio submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi155 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi155 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1499

Senator Zaffirini submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1499 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Saturday, May 26, 2007 SENATE JOURNAL 4721

A BILL TO BE ENTITLED
AN ACT

relating to the meeting notice that a governmental body may post in certain emergency situations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 551.045, Government Code, is amended by adding Subsection (e) to read as follows:

(e)iiFor purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Notice of an emergency meeting or supplemental notice of an emergency item added to the agenda of a meeting to address a situation described by this subsection must be given to members of the news media as provided by Section 551.047 not later than one hour before the meeting.

SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

The Conference Committee Report on SBi1499 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 344

Senator Carona submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi344 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to the additional exit conference required following inspection, survey, or investigation of, and the temporary change of ownership licenses for, certain facilities.

4722 80th Legislature — Regular Session 68th Day

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 142.009, Health and Safety Code, is amended by amending Subsections (f) and (g) and adding Subsection (g-1) to read as follows:

(f)iiAt the conclusion of a survey or complaint investigation, the [The] department shall fully inform the person who is in charge of the home and community support services agency of the preliminary findings of the survey at an exit conference and shall give the person a reasonable opportunity to submit additional facts or other information to the department's authorized representative in response to those findings. The response shall be made a part of the record of the survey for all purposes. The department's representative shall leave a written list of the preliminary findings with the agency at the exit conference.

(g)iiAfter a survey of a home and community support services agency by the department, the department shall provide to the chief executive officer of the agency:

(1)iispecific and timely written notice of the official [preliminary] findings of the survey, including:

(A)iithe specific nature of the survey;

(B)iiany alleged violations of a specific statute or rule;

(C)iithe specific nature of any finding regarding an alleged violation or deficiency; and

(D)iiif a deficiency is alleged, the severity of the deficiency;

(2)iiinformation on the identity, including the signature, of each department representative conducting, reviewing, or approving the results of the survey and the date on which the department representative acted on the matter; and

(3)iiif requested by the agency, copies of all documents relating to the survey maintained by the department or provided by the department to any other state or federal agency that are not confidential under state law.

(g-1)iiIf the department or the department's authorized representative discovers any additional violations during the review of field notes or preparation of the official statement of deficiencies for a home and community support services agency, the department or the department's representative shall conduct an additional exit conference regarding the additional violations. The additional exit conference must be held in person and may not be held over the telephone, by e-mail, or by facsimile transmission.

SECTIONi2.iiSection 242.0336, Health and Safety Code, is amended by amending Subsections (a) and (c) through (g) and adding Subsections (b-1) through (b-5), (c-1), and (d-1) to read as follows:

(a)iiFor purposes of this section, a temporary change of ownership license is a temporary 90-day license issued to an applicant who proposes to become the new operator of an institution existing on the date the application is filed.

(b-1)iiExcept as provided by Subsection (b-2), the department may not issue a temporary change of ownership license before the 31st day after the date the department has received both:

(1)iithe application for the license; and

(2)iinotification, in writing, of the intent of the institution's existing license holder to transfer operation of the institution to the applicant beginning on a date specified by the applicant.

Saturday, May 26, 2007 SENATE JOURNAL 4723

(b-2)iiNotwithstanding Section 242.0335, the department shall establish criteria under which the department may waive the 30-day requirement or the notification requirement of Subsection (b-1). The criteria may include the occurrence of forcible entry and detainer, death, or divorce or other events that affect the ownership of the institution by the existing license holder.

(b-3)iiAfter receipt of an application or written notification described by Subsection (b-1), the department may place a hold on payments to the existing license holder in an amount not to exceed the average of the monthly vendor payments paid to the facility, as determined by the department. The department shall release funds to the previous license holder not later than the 120th day after the date on which the final reporting requirements are met and any resulting informal reviews or formal appeals are resolved. The department may reduce the amount of funds released to the previous license holder by the amount owed to the department or the Health and Human Services Commission under the previous license holder's Medicaid contract or license.

(b-4)iiThe executive commissioner of the Health and Human Services Commission shall adopt rules for the department that define a change of ownership. In adopting the rules, the executive commissioner shall consider:

(1)iithe proportion of ownership interest that is being transferred to another person;

(2)iithe addition or removal of a stockholder, partner, owner, or other controlling person;

(3)iithe reorganization of the license holder into a different type of business entity; and

(4)iithe death or incapacity of a stockholder, partner, or owner.

(b-5)iiThe executive commissioner may adopt rules for the department that require a license holder to notify the department of any change, including a change that is not a change of ownership, as that term is defined by rules adopted under Subsection (b-4). Nothing in this section prevents the department from acting under Section 242.061 or any other provision of this chapter.

(c)iiThe department shall issue or deny a temporary change of ownership license not later than the 31st [30th] day after the date of receipt of the completed application. The effective date of a temporary change of ownership license issued under this section is the date requested in the application unless:

(1)iithe department does not receive the application and written notification described by Subsection (b-1) at least 30 days before that date; and

(2)iino waiver under Subsection (b-2) applies.

(c-1)iiIf the department does not receive the application and written notification required by Subsection (b-1) at least 30 days before the effective date requested in the application and Subsection (b-2) does not apply, the effective date of the temporary change of ownership license is the 31st day after the date the department receives both the application and the notification.

(d)iiExcept as provided in Subsection (d-1), after [After] the department issues a temporary change of ownership license to the applicant, the department shall conduct an inspection or survey of the nursing facility under Section 242.043 as soon as reasonably possible. During the period between the issuance of the temporary license

4724 80th Legislature — Regular Session 68th Day

(d-1)iiThe department shall establish criteria under which a desk review of the facility's compliance with applicable requirements may be substituted for the on-site inspection or survey under Subsection (d).

(e)iiAfter conducting an inspection or survey under Subsection (d) or a desk review under Subsection (d-1), the department shall issue a license under Section 242.033 to the temporary change of ownership license holder if the nursing facility passes the desk review, inspection, or survey and the applicant meets the requirements of Section 242.033. If the nursing facility fails to pass the desk review, inspection, or survey or the applicant fails to meet the requirements of Section 242.033, the department may:

(1)iiplace a hold on vendor payments to the temporary change of ownership license holder; and

(2)iitake any other action authorized under this chapter.

(f)iiIf the applicant meets the requirements of Section 242.033 and the nursing facility passes a desk review, [an] initial inspection, or [a] subsequent inspection before the temporary change of ownership license expires, the license issued under Section 242.033 is considered effective on the date the department determines under Subsection (c) or (c-1) [requested in the application for a temporary change of ownership].

(g)iiA temporary change of ownership license issued under Subsection (b) expires on the 90th [91st] day after the effective date established under Subsection (c) or (c-1) [date the license was issued].

SECTIONi3.iiSubsections (b) and (c), Section 242.0445, Health and Safety Code, are amended to read as follows:

(b)iiAt the conclusion of an inspection, survey, or investigation under Section 242.043 or 242.044, the department or the department's representative conducting the inspection, survey, or investigation shall discuss the violations with the facility's management in an exit conference. The department or the department's representative shall leave a written list of the violations with the facility at the time of the exit conference. If the department or the department's representative discovers any additional violations during the review of field notes or preparation of the official final list, the department or the department's representative shall give the facility an additional exit conference regarding the additional violations. An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.

(c)iiThe facility shall submit a plan to correct the violations to the regional director not later than the 10th working day after the date the facility receives the final official statement of violations.

SECTIONi4.iiSection 247.0271, Health and Safety Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

Saturday, May 26, 2007 SENATE JOURNAL 4725

(c)iiIf, after the initial exit conference, additional violations are cited, the inspector shall conduct an additional exit conference regarding the newly identified violations. An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.

(d)iiThe assisted living facility shall submit a plan of correction to the regional director with supervisory authority over the inspector not later than the 10th working day after the date the facility receives the final official statement of violations.

SECTIONi5.iiSection 247.050, Health and Safety Code, is amended by adding Subsection (d) to read as follows:

(d)iiThe department shall permanently retain at least one copy or one electronic source of information pertaining to complaints and investigations of unlicensed assisted living facilities used to maintain a registry as required under Subsection (a)(1) and used to prepare a report under Subsection (a)(2).

SECTIONi6.iiSubsections (b) and (c), Section 252.044, Health and Safety Code, are amended to read as follows:

(b)iiAt the conclusion of an inspection, survey, or investigation under this chapter, the department or the department's representative conducting the inspection, survey, or investigation shall discuss the violations with the facility's management in an exit conference. The department or the department's representative shall leave a written list of the violations with the facility and the person designated by the facility to receive notice under Section 252.066 at the time of the exit conference. If the department or the department's representative discovers any additional violations during the review of field notes or preparation of the official final list, the department or the department's representative shall give the facility an additional exit conference regarding the additional violations. An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.

(c)iiThe facility shall submit a plan to correct the violations to the regional director not later than the 10th working day after the date the facility receives the final official statement of violations.

SECTIONi7.ii(a) As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 242.0336, Health and Safety Code, as amended by this Act.

(b)iiThe changes in law made by this Act to Section 242.0336, Health and Safety Code, apply only to a temporary change of ownership license application received by the Department of Aging and Disability Services on or after September 1, 2007. An application received by the department before September 1, 2007, is governed by the law in effect at the time the application is received, and the former law is continued in effect for that purpose.

SECTIONi8.iiThis Act takes effect September 1, 2007.

The Conference Committee Report on SBi344 was filed with the Secretary of the Senate.

4726 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2207

Senator Watson submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2207 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi2207 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3693

Senator Fraser submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3693 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi3693 was filed with the Secretary of the Senate.

Saturday, May 26, 2007 SENATE JOURNAL 4727

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2034

Senator Shapiro submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2034 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi2034 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1481

Senator Uresti submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi1481 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi1481 was filed with the Secretary of the Senate.

4728 80th Legislature — Regular Session 68th Day

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 199

Senator Nelson submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi199 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to certain convictions barring employment at certain facilities serving the elderly or persons with disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 250.006, Health and Safety Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:

(a)iiA person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed in this subsection:

(1)iian offense under Chapter 19, Penal Code (criminal homicide);

(2)iian offense under Chapter 20, Penal Code (kidnapping and unlawful restraint);

(3)iian offense under Section 21.11, Penal Code (indecency with a child);

(4)iian offense under Section 22.011, Penal Code (sexual assault);

(5)iian offense under Section 22.02, Penal Code (aggravated assault);

(6)iian offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);

(7)iian offense under Section 22.041, Penal Code (abandoning or endangering child);

(8)iian offense under Section 22.08, Penal Code (aiding suicide);

(9)iian offense under Section 25.031, Penal Code (agreement to abduct from custody);

(10)iian offense under Section 25.08, Penal Code (sale or purchase of a child);

Saturday, May 26, 2007 SENATE JOURNAL 4729

(11)iian offense under Section 28.02, Penal Code (arson);

(12)iian offense under Section 29.02, Penal Code (robbery);

(13)iian offense under Section 29.03, Penal Code (aggravated robbery); [or]

(14)iian offense under Section 21.08, Penal Code (indecent exposure);

(15)iian offense under Section 21.12, Penal Code (improper relationship between educator and student);

(16)iian offense under Section 21.15, Penal Code (improper photography or visual recording);

(17)iian offense under Section 22.05, Penal Code (deadly conduct);

(18)iian offense under Section 22.021, Penal Code (aggravated sexual assault);

(19)iian offense under Section 22.07, Penal Code (terroristic threat);

(20)iian offense under Section 33.021, Penal Code (online solicitation of a minor);

(21)iian offense under Section 34.02, Penal Code (money laundering);

(22)iian offense under Section 35A.02, Penal Code (Medicaid fraud);

(23)iian offense under Section 42.09, Penal Code (cruelty to animals); or

(24)iia conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection [under Subdivisions (1)-(13)].

(b)iiA person may not be employed in a position the duties of which involve direct contact with a consumer in a facility before the fifth anniversary of the date the person is convicted of:

(1)iian offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;

(2)iian offense under Section 30.02, Penal Code (burglary);

(3)iian offense under Chapter 31, Penal Code (theft), that is punishable as a felony;

(4)iian offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony; [or]

(5)iian offense under Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;

(6)iian offense under Section 37.12, Penal Code (false identification as peace officer); or

(7)iian offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).

(d)iiFor purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5(c), Article 42.12, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.

SECTIONi2.iiThis Act takes effect September 1, 2007.

4730 80th Legislature — Regular Session 68th Day

The Conference Committee Report on SBi199 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1879

Senator Williams submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1879 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to the regulation of controlled substances; providing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubsection (a), Section 481.064, Health and Safety Code, is amended to read as follows:

(a)iiThe director may charge a nonrefundable fee of not more than $25 before processing an application for annual registration and may charge a late fee of not more than $50 for each application for renewal the department receives after the date the registration expires. The director by rule shall set the amounts [amount] of the fees [fee] at the amounts [amount] that are [is] necessary to cover the cost of administering and enforcing this subchapter. Except as provided by Subsection (b), registrants shall pay the fees to the director. Not later than 60 days before the date the registration expires, the director shall send a renewal notice to the registrant at the last known address of the registrant according to department records.

SECTIONi2.iiSection 481.074, Health and Safety Code, is amended by amending Subsections (b), (d), and (k) and adding Subsection (q) to read as follows:

(b)iiExcept in an emergency as defined by rule of the director or as provided by Subsection (o) or Section 481.075(j) or (m), a person may not dispense or administer a controlled substance listed in Schedule II without the written prescription of a practitioner on an official prescription form that meets the requirements of and is completed by the practitioner in accordance with Section 481.075. In an emergency, a

Saturday, May 26, 2007 SENATE JOURNAL 4731

(1)iiif the person is a prescribing practitioner or a pharmacist, promptly comply with Subsection (c); or

(2)iiif the person is not a prescribing practitioner or a pharmacist, promptly write the oral or telephonically communicated prescription and include in the written record of the prescription the name, address, department registration number, and Federal Drug Enforcement Administration number of the prescribing practitioner, all information required to be provided by a practitioner under Section 481.075(e)(1), and all information required to be provided by a dispensing pharmacist under Section 481.075(e)(2).

(d)iiExcept as specified in Subsections (e) and (f) [of this section], the director, by rule and in consultation with the Texas Medical Board and the Texas State Board of Pharmacy, shall establish the period after the date on which the prescription is issued that a person may [not] fill a prescription for a controlled substance listed in Schedule II [after the end of the seventh day after the date on which the prescription is issued]. A person may not refill a prescription for a substance listed in Schedule II.

(k)iiA prescription for a controlled substance must show:

(1)iithe quantity of the substance prescribed:

(A)iinumerically, followed by the number written as a word, if the prescription is written; or

(B)iiif the prescription is communicated orally or telephonically, as transcribed by the receiving pharmacist;

(2)iithe date of issue;

(3)iithe name, [and] address, and date of birth or age of the patient or, if the controlled substance is prescribed for an animal, the species of the animal and the name and address of its owner;

(4)iithe name and strength of the controlled substance prescribed;

(5)iithe directions for use of the controlled substance;

(6)iithe intended use of the substance prescribed unless the practitioner determines the furnishing of this information is not in the best interest of the patient; [and]

(7)iithe legibly printed or stamped name, address, Federal Drug Enforcement Administration registration number, and telephone number of the practitioner at the practitioner's usual place of business;

(8)iiif the prescription is handwritten, the signature of the prescribing practitioner; and

(9)iiif the prescribing practitioner is licensed in this state, the practitioner's department registration number.

(q)iiEach dispensing pharmacist shall send all information required by the director, including any information required to complete the Schedule III through V prescription forms, to the director by electronic transfer or another form approved by the director not later than the 15th day after the last day of the month in which the prescription is completely filled.

4732 80th Legislature — Regular Session 68th Day

SECTIONi3.iiSubsections (a) and (c), Section 481.076, Health and Safety Code, are amended to read as follows:

(a)iiThe director may not permit any person to have access to information submitted to the director under Section 481.074(q) or 481.075 except:

(1)iian investigator for the Texas [State Board of] Medical Board [Examiners], the Texas State Board of Podiatric Medical Examiners, the State Board of Dental Examiners, the State Board of Veterinary Medical Examiners, or the Texas State Board of Pharmacy;

(2)iian authorized officer or member of the department engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state; or

(3)iiif the director finds that proper need has been shown to the director:

(A)iia law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state;

(B)iia pharmacist or practitioner who is a physician, dentist, veterinarian, [or] podiatrist, or advanced practice nurse or physician assistant described by Section 481.002(39)(D) and is inquiring about a [the] recent Schedule II, III, IV, or V prescription history of a particular patient of the practitioner; or

(C)iia pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity.

(c)iiThe director by rule shall design and implement a system for submission of information to the director by electronic or other means and for retrieval of information submitted to the director under this section and Sections 481.074 and [Section] 481.075. The director shall use automated information security techniques and devices to preclude improper access to the information. The director shall submit the system design to the Texas State Board of Pharmacy and the Texas [State Board of] Medical Board [Examiners] for review and approval or comment a reasonable time before implementation of the system and shall comply with the comments of those agencies unless it is unreasonable to do so.

SECTIONi4.iiSubsections (a), (b), (c), and (e), Section 481.0761, Health and Safety Code, are amended to read as follows:

(a)iiThe director shall consult with the Texas State Board of Pharmacy and by rule establish and revise as necessary a standardized database format that may be used by a pharmacy to transmit the information required by Sections 481.074(q) and [Section] 481.075(i) to the director electronically or to deliver the information on storage media, including disks, tapes, and cassettes.

(b)iiThe director shall consult with the [Texas] Department of State Health Services, the Texas State Board of Pharmacy, and the Texas [State Board of] Medical Board [Examiners] and by rule may:

(1)iiremove a controlled substance listed in Schedules [Schedule] II through V from the official prescription program, if the director determines that the burden imposed by the program substantially outweighs the risk of diversion of the particular controlled substance; or

Saturday, May 26, 2007 SENATE JOURNAL 4733

(2)iireturn a substance previously removed from Schedules [Schedule] II through V to the official prescription program, if the director determines that the risk of diversion substantially outweighs the burden imposed by the program on the particular controlled substance.

(c)iiThe director by rule may:

(1)iipermit more than one prescription to be administered or dispensed and recorded on one [official] prescription form for a Schedule III through V controlled substance;

(2)iiremove from or return to the official prescription program any aspect of a practitioner's or pharmacist's hospital practice, including administering or dispensing;

(3)iiwaive or delay any requirement relating to the time or manner of reporting;

(4)iiestablish compatibility protocols for electronic data transfer hardware, software, or format;

(5)iiestablish a procedure to control the release of information under Sections 481.074, 481.075, and 481.076; and

(6)iiestablish a minimum level of prescription activity below which a reporting activity may be modified or deleted.

(e)iiIn adopting a rule relating to the electronic transfer of information under this subchapter, the director shall consider the economic impact of the rule on practitioners and pharmacists and, to the extent permitted by law, act to minimize any negative economic impact, including the imposition of costs related to computer hardware or software or to the transfer of information. The director may not adopt a rule relating to the electronic transfer of information under this subchapter that imposes a fee in addition to the fees [fee] authorized by Section 481.064.

SECTIONi5.iiChapter 481, Health and Safety Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec.i481.301.iiIMPOSITION OF PENALTY. The department may impose an administrative penalty on a person who violates Section 481.061, 481.066, 481.067, 481.069, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or 481.081 or a rule or order adopted under any of those sections.

Sec.i481.302.iiAMOUNT OF PENALTY. (a)iiThe amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $20,000.

(b)iiThe amount shall be based on:

(1)iithe seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2)iithe threat to health or safety caused by the violation;

(3)iithe history of previous violations;

(4)iithe amount necessary to deter a future violation;

(5)iiwhether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and

4734 80th Legislature — Regular Session 68th Day

(6)iiany other matter that justice may require.

Sec.i481.303.iiREPORT AND NOTICE OF VIOLATION AND PENALTY. (a)iiIf the department initially determines that a violation occurred, the department shall give written notice of the report to the person by certified mail, registered mail, personal delivery, or another manner of delivery that records the person's receipt of the notice.

(b)iiThe notice must:

(1)iiinclude a brief summary of the alleged violation;

(2)iistate the amount of the recommended penalty; and

(3)iiinform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.

Sec.i481.304.iiPENALTY TO BE PAID OR INFORMAL HEARING REQUESTED. (a)iiBefore the 21st day after the date the person receives notice under Section 481.303, the person in writing may:

(1)iiaccept the determination and recommended penalty; or

(2)iimake a request for an informal hearing held by the department on the occurrence of the violation, the amount of the penalty, or both.

(b)iiAt the conclusion of an informal hearing requested under Subsection (a), the department may modify the amount of the recommended penalty.

(c)iiIf the person accepts the determination and recommended penalty, including any modification of the amount, or if the person fails to timely respond to the notice, the director by order shall approve the determination and impose the recommended penalty.

Sec.i481.305.iiFORMAL HEARING. (a)iiThe person may request a formal hearing only after participating in an informal hearing.

(b)iiThe request must be submitted in writing and received by the department before the 21st day after the date the person is notified of the decision from the informal hearing.

(c)iiIf a timely request for a formal hearing is not received, the director by order shall approve the determination from the informal hearing and impose the recommended penalty.

(d)iiIf the person timely requests a formal hearing, the director shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date and give written notice of the time and place of the hearing to the director and to the person. An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.

(e)iiThe administrative law judge shall make findings of fact and conclusions of law and promptly issue to the director a proposal for a decision about the occurrence of the violation and the amount of any proposed penalty.

(f)iiIf a penalty is proposed under Subsection (e), the administrative law judge shall include in the proposal for a decision a finding setting out costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state in bringing the proceeding. The director may adopt the finding and impose the costs, fees, and expenses on the person as part of the final order entered in the proceeding.

Sec.i481.306.iiDECISION. (a)iiBased on the findings of fact, conclusions of law, and proposal for a decision, the director by order may:

Saturday, May 26, 2007 SENATE JOURNAL 4735

(1)iifind that a violation occurred and impose a penalty; or

(2)iifind that a violation did not occur.

(b)iiThe notice of the director's order under Subsection (a) that is sent to the person in the manner provided by Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.

Sec.i481.307.iiOPTIONS FOLLOWING DECISION: PAY OR APPEAL. Before the 31st day after the date the order under Section 481.306 that imposes an administrative penalty becomes final, the person shall:

(1)iipay the penalty; or

(2)iifile a petition for judicial review of the order contesting the occurrence of the violation, the amount of the penalty, or both.

Sec.i481.308.iiSTAY OF ENFORCEMENT OF PENALTY. (a)iiWithin the period prescribed by Section 481.307, a person who files a petition for judicial review may:

(1)iistay enforcement of the penalty by:

(A)iipaying the penalty to the court for placement in an escrow account; or

(B)iigiving the court a supersedeas bond approved by the court that:

(i)iiis for the amount of the penalty; and

(ii)iiis effective until all judicial review of the order is final; or

(2)iirequest the court to stay enforcement of the penalty by:

(A)iifiling with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B)iisending a copy of the affidavit to the director by certified mail.

(b)iiFollowing receipt of a copy of an affidavit under Subsection (a)(2), the director may file with the court, before the sixth day after the date of receipt, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.

Sec.i481.309.iiCOLLECTION OF PENALTY. (a)iiIf the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.

(b)iiThe attorney general may sue to collect the penalty.

Sec.i481.310.iiDECISION BY COURT. (a)iiIf the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.

(b)iiIf the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.

Sec.i481.311.iiREMITTANCE OF PENALTY AND INTEREST. (a)iiIf the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person before the 31st day after the date that the judgment of the court becomes final.

(b)iiThe interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.

4736 80th Legislature — Regular Session 68th Day

(c)iiThe interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.

Sec.i481.312.iiRELEASE OF BOND. (a)iiIf the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.

(b)iiIf the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.

Sec.i481.313.iiADMINISTRATIVE PROCEDURE. A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.

Sec.i481.314.iiDISPOSITION OF PENALTY. The department shall send any amount collected as a penalty under this subchapter to the comptroller for deposit to the credit of the general revenue fund.

SECTIONi6.iiChapter 107, Occupations Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. PAIN TREATMENT REVIEW COMMITTEE

Sec.i107.201.iiPAIN TREATMENT REVIEW COMMITTEE. (a)iiThe following individuals shall be appointed as a review committee on pain treatment:

(1)iithe attorney general or the attorney general's designee;

(2)iia physician who practices at a public hospital in this state;

(3)iia physician who practices at a private hospital in this state;

(4)iia physician who practices in this state as a psychiatrist specializing in the treatment of addictive diseases;

(5)iia probate court judge licensed to practice law in this state;

(6)iia member of the governing board of the American Cancer Society, Texas Division, or the member's designee;

(7)iia member of the governing board of the Texas Medical Association or the member's designee;

(8)iia member of the governing board of the Texas Nurses Association or the member's designee;

(9)iian officer of a public hospital in this state who is a member of the governing board of the Texas Hospital Association or the member's designee;

(10)iian officer of a private hospital in this state who is a member of the governing board of the Texas Hospital Association or the member's designee; and

(11)iia public member who is a resident of this state.

(b)iiThe lieutenant governor and the speaker of the house of representatives shall each appoint five of the members described by Subsections (a)(2) through (11).

(c)iiThe following individuals serve on the committee as nonvoting resource members and are appointed by the executive director of the agency the member represents:

(1)iia pharmacist member of the Texas State Board of Pharmacy;

(2)iia physician member of the Texas Medical Board;

(3)iia nurse member of the Board of Nurse Examiners;

(4)iia representative of the Department of Aging and Disability Services; and

(5)iia representative of the narcotics regulatory programs of the Department of Public Safety.

Saturday, May 26, 2007 SENATE JOURNAL 4737

(d)iiThe committee shall study the relevant provisions in the laws of this state that relate to the administration of prescription medication, controlled substances, and the needs of patients for effective pain control and management. The committee shall examine how the following statutes affect public health needs, the professional medical community, and persons affected by acute, chronic, or end-of-life pain:

(1)iithis chapter;

(2)iiSubtitles B, E, I, and J of this title; and

(3)iiChapter 481, Health and Safety Code.

(e)iiThe committee shall meet at least once every three months.

(f)iiNot later than September 1, 2008, the committee shall report any changes recommended to the statutes examined under Subsection (d) to the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees in the senate and the house of representatives that have jurisdiction over the issues studied by the committee.

(g)iiThis section expires July 1, 2009.

SECTIONi7.ii(a)iiAn advisory committee is created to advise the Department of Public Safety of the State of Texas on the implementation of this Act.

(b)iiThe advisory committee is composed of:

(1)iithe public safety director of the Department of Public Safety of the State of Texas or the director's designee;

(2)iia physician appointed by the governor;

(3)iia pharmacist appointed by the governor;

(4)iia physician appointed by the lieutenant governor;

(5)iia pharmacist appointed by the lieutenant governor;

(6)iia physician appointed by the governor from a list of names submitted by the speaker of the house of representatives;

(7)iia pharmacist appointed by the governor from a list of names submitted by the speaker of the house of representatives; and

(8)iione member from each of the following boards:

(A)iiTexas Medical Board;

(B)iiTexas State Board of Pharmacy;

(C)iiState Board of Dental Examiners; and

(D)iiBoard of Nurse Examiners.

(c)iiThe public safety director or the director's designee is the presiding officer of the advisory committee. The committee shall meet at the call of the presiding officer or at the request of any three members other than the presiding officer.

(d)iiThe advisory committee shall:

(1)iidevelop recommendations regarding the improvement of the official prescription program established by Section 481.075, Health and Safety Code;

(2)iidevelop recommendations regarding the implementation of an electronic controlled substance monitoring system that would be used for prescriptions of controlled substances listed in Schedules II through V as established under Subchapter B, Chapter 481, Health and Safety Code;

4738 80th Legislature — Regular Session 68th Day

(3)iidevelop recommendations as to which data should be provided to the Department of Public Safety of the State of Texas to support a controlled substance monitoring system recommended under Subdivision (2) of this subsection, including provider identification information;

(4)iimonitor and develop recommendations regarding the implementation and enforcement of a controlled substance monitoring system recommended under Subdivision (2) of this subsection;

(5)iidevelop recommended procedures necessary for real-time point-of-service access for a practitioner authorized to prescribe or dispense controlled substances listed in Schedules II through V so that the practitioner may obtain:

(A)iithe prescription history for a particular patient; or

(B)iithe practitioner's own dispensing or prescribing activity; and

(6)iidevelop recommended procedures that should be followed by the Department of Public Safety of the State of Texas and the applicable licensing authority of this state, another state, or the United States when:

(A)iithe department shares information related to diversion of controlled substances with a licensing authority for the purpose of licensing enforcement; or

(B)iia licensing authority shares information related to diversion of controlled substances with the department for the purpose of criminal enforcement.

(e)iiThe public safety director shall report the recommendations developed under Subsection (d) of this section to the governor, lieutenant governor, speaker of the house of representatives, and appropriate committees of the senate and the house not later than July 1, 2008.

(f)iiThis section expires and the advisory committee is abolished on Septemberi1, 2009.

SECTIONi8.ii(a)iiThe Department of Public Safety of the State of Texas, Texas Medical Board, Texas State Board of Pharmacy, State Board of Dental Examiners, and Board of Nurse Examiners shall submit to the presiding officers of the Senate Committee on Health and Human Services and the House Committee on Public Health a report that details the number and type of actions relating to the prosecution of violations of Chapter 481, Health and Safety Code, as amended by this Act.

(b)iiEach agency shall submit its initial report under Subsection (a) of this section not later than November 1, 2007. Each agency shall submit an update of its initial report not later than May 1 and November 1 of each year.

(c)iiThis section expires November 1, 2011.

SECTIONi9.iiThe public safety director of the Department of Public Safety of the State of Texas shall adopt any rules necessary to administer and enforce Subchapter H, Chapter 481, Health and Safety Code, as added by this Act, not later than September 1, 2007, except that if this section does not take effect before that date, the public safety director shall adopt the rules as soon as practicable after that date.

SECTIONi10.ii(a)iiExcept as provided by Subsections (b), (c), and (d) of this section, this Act takes effect September 1, 2007.

Saturday, May 26, 2007 SENATE JOURNAL 4739

(b)iiSection 9 of this Act takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, Section 9 of this Act takes effect September 1, 2007.

(c)iiExcept as otherwise provided by Subsection (d) of this section, the changes in law made by this Act in amending Subsection (k), Section 481.074, and Section 481.076, Health and Safety Code, and in adding Subsection (q), Section 481.074 of that code, take effect September 1, 2008. The public safety director of the Department of Public Safety of the State of Texas shall adopt any rules necessary to administer and enforce the changes in law made by those provisions not later than September 1, 2008.

(d)iiThe change in law made by this Act in amending Subsections (b) and (k), Section 481.074, Health and Safety Code, to require the use of registration numbers issued by the Department of Public Safety of the State of Texas takes effect only after the department establishes a means by which pharmacies are able to electronically access and verify the accuracy of the registration numbers.

The Conference Committee Report on SBi1879 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 765

Senator Eltife submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi765 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to the use of municipal hotel occupancy taxes for the enhancement and upgrading of sports facilities and fields by certain municipalities.

4740 80th Legislature — Regular Session 68th Day

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubsection (a), Section 351.101, Tax Code, is amended to read as follows:

(a)iiRevenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following:

(1)iithe acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both;

(2)iithe furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants;

(3)iiadvertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity;

(4)iithe encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms;

(5)iihistorical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums:

(A)iiat or in the immediate vicinity of convention center facilities or visitor information centers; or

(B)iilocated elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates;

(6)iifor a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and

(7)iisubject to Section 351.1076, the promotion of tourism by the enhancement and upgrading of existing sports facilities or fields, including facilities or fields for baseball, softball, soccer, and flag football, if:

(A)iithe municipality owns the facilities or fields;

(B)iithe municipality:

(i)iihas a population of 80,000 or more and is located in a county that has a population of 350,000 or less; [or]

(ii)iihas a population of at least 65,000 but not more than 70,000 and is located in a county that has a population of 155,000 or less; or

(iii)iihas a population of at least 34,000 but not more than 36,000 and is located in a county that has a population of 90,000 or less; and

(C)iithe sports facilities and fields have been used, in the preceding calendar year, a combined total of more than 10 times for district, state, regional, or national sports tournaments.

Saturday, May 26, 2007 SENATE JOURNAL 4741

SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

The Conference Committee Report on SBi765 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 899

Senator Deuell submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi899 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi899 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1266

Senator Brimer submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

4742 80th Legislature — Regular Session 68th Day

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1266 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to pass-through financing and the designation and operation of transportation reinvestment zones.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 222.104, Transportation Code, is amended by adding Subsection (d-1) and amending Subsection (e) to read as follows:

(d-1)iiUnless there is an insufficient number of approved proposals for projects to be developed under an agreement providing for the payment of pass-through tolls, in any state fiscal year that begins on or after September 1, 2007, the amount the department agrees to pay under agreements entered into under this section as reimbursement to a public or private entity for project costs may not be less than the yearly average of such amounts from the date of the creation by the commission of the pass-through toll program. This subsection expires September 1, 2009.

(e)iiThe department may use any available funds for the purpose of making a pass-through toll payment under this section except funds derived from the issuance of bonds under Section 201.943.

SECTIONi2.iiSubchapter E, Chapter 222, Transportation Code, is amended by adding Sections 222.105, 222.106, and 222.107 to read as follows:

Sec.i222.105.iiPURPOSES. The purposes of Sections 222.106 and 222.107 are to:

(1)iipromote public safety;

(2)iifacilitate the development or redevelopment of property;

(3)iifacilitate the movement of traffic; and

(4)iienhance a local entity's ability to sponsor a project authorized under Section 222.104.

Sec.i222.106.iiMUNICIPAL TRANSPORTATION REINVESTMENT ZONES. (a)iiIn this section:

(1)iithe amount of a municipality's tax increment for a year is the amount of ad valorem taxes levied and collected by the municipality for that year on the captured appraised value of real property taxable by the municipality and located in a transportation reinvestment zone under this section;

Saturday, May 26, 2007 SENATE JOURNAL 4743

(2)iithe captured appraised value of real property taxable by a municipality for a year is the total appraised value of all real property taxable by the municipality and located in a transportation reinvestment zone for that year less the tax increment base of the municipality; and

(3)iithe tax increment base of a municipality is the total appraised value of all real property taxable by the municipality and located in a transportation reinvestment zone for the year in which the zone was designated under this section.

(b)iiThis section applies only to a municipality the governing body of which intends to enter into an agreement with the department under Section 222.104.

(c)iiIf the governing body determines an area to be unproductive and underdeveloped and that action under this section will further the purposes stated in Section 222.105, the governing body of the municipality by ordinance may designate a contiguous geographic area in the jurisdiction of the municipality to be a transportation reinvestment zone to promote a transportation project described by Section 222.104 that cultivates development or redevelopment of the area.

(d)iiThe governing body must comply with all applicable laws in the application of this chapter.

(e)iiNot later than the 30th day before the date the governing body of the municipality proposes to adopt an ordinance designating an area as a transportation reinvestment zone under this section, the governing body must hold a public hearing on the designation of the zone and its benefits to the municipality and to property in the proposed zone. At the hearing an interested person may speak for or against the creation of the zone or its boundaries. Not later than the seventh day before the date of the hearing, notice of the hearing and the intent to create the zone must be published in a newspaper having general circulation in the municipality.

(f)iiCompliance with the requirements of this section constitutes designation of an area as a transportation reinvestment zone without further hearings or other procedural requirements.

(g)iiThe ordinance designating an area as a transportation reinvestment zone must:

(1)iidescribe the boundaries of the zone with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the zone;

(2)iiprovide that the zone takes effect immediately on passage of the ordinance;

(3)iiassign a name to the zone for identification, with the first zone designated by a municipality designated as "Transportation Reinvestment Zone Number One, (City or Town, as applicable) of (name of municipality)," and subsequently designated zones assigned names in the same form, numbered consecutively in the order of their designation;

(4)iiestablish an ad valorem tax increment account for the zone; and

(5)iicontain findings that promotion of the transportation project will cultivate development or redevelopment of the zone.

(h)iiFrom taxes collected on property in a zone, the municipality shall pay into the tax increment account for the zone an amount equal to the tax increment produced by the municipality.

4744 80th Legislature — Regular Session 68th Day

(i)iiMoney deposited to a tax increment account must be used to fund projects authorized under Section 222.104, including the repayment of amounts owed under an agreement entered into under that section.

(j)iiExcept as provided by Subsection (k), a transportation reinvestment zone terminates on December 31 of the year in which the municipality complies with a contractual requirement, if any, that included the pledge of money deposited to a tax increment account or the repayment of money owed under the agreement under Section 222.104 in connection with which the zone was designated.

(k)iiA transportation reinvestment zone terminates on December 31 of the 10th year after the year the zone was designated, if before that date the municipality has not used the zone for the purpose for which it was designated.

(l)iiAny surplus remaining on termination of a zone may be used for transportation projects of the municipality in or outside of the zone.

Sec.i222.107.iiCOUNTY TRANSPORTATION REINVESTMENT ZONES; TAX ABATEMENTS; ROAD UTILITY DISTRICTS. (a)iiIn this section:

(1)iithe amount of a county's tax increment for a year is the amount of ad valorem taxes levied and collected by the county for that year on the captured appraised value of real property taxable by the county and located in a transportation reinvestment zone under this section;

(2)iithe captured appraised value of real property taxable by a county for a year is the total appraised value of all real property taxable by the county and located in a transportation reinvestment zone for that year less the tax increment base of the county; and

(3)iithe tax increment base of a county is the total appraised value of all real property taxable by the county and located in a transportation reinvestment zone for the year in which the zone was designated under this section.

(b)iiThis section applies only to a county the commissioners court of which intends to enter into a pass-through toll agreement with the department under Section 222.104.

(c)iiThe commissioners court of the county, after determining that an area is unproductive and underdeveloped and that action under this section would further the purposes described by Section 222.105, by order or resolution may designate a contiguous geographic area in the jurisdiction of the county to be a transportation reinvestment zone to promote a transportation project described by Section 222.104 that cultivates development or redevelopment of the area and for the purpose of abating ad valorem taxes imposed by the county on real property located in the zone.

(d)iiThe commissioners court must comply with all applicable laws in the application of this chapter.

(e)iiNot later than the 30th day before the date the commissioners court proposes to designate an area as a transportation reinvestment zone under this section, the commissioners court must hold a public hearing on the creation of the zone, its benefits to the county and to property in the proposed zone, and the abatement of ad valorem taxes imposed by the county on real property located in the zone. At the hearing an interested person may speak for or against the designation of the zone, its boundaries, or the abatement of county taxes on real property in the zone. Not later

Saturday, May 26, 2007 SENATE JOURNAL 4745

(f)iiThe order or resolution designating an area as a transportation reinvestment zone must:

(1)iidescribe the boundaries of the zone with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the zone;

(2)iiprovide that the zone takes effect immediately on adoption of the order or resolution; and

(3)iiassign a name to the zone for identification, with the first zone designated by a county designated as "Transportation Reinvestment Zone Number One, County of (name of county)," and subsequently designated zones assigned names in the same form numbered consecutively in the order of their designation.

(g)iiCompliance with the requirements of this section constitutes designation of an area as a transportation reinvestment zone without further hearings or other procedural requirements.

(h)iiThe commissioners court by order or resolution may enter into an agreement with the owner of any real property located in the transportation reinvestment zone to abate a portion of the ad valorem taxes imposed by the county on the owner's property. All abatements granted by the commissioners court in a transportation reinvestment zone must be equal in rate. In the alternative, the commissioners court by order or resolution may elect to abate a portion of the ad valorem taxes imposed by the county on all real property located in the zone. In any ad valorem tax year, the total amount of the taxes abated under this section may not exceed the amount calculated under Subsection (a)(1) for that year.

(i)iiTo assist the county in developing a project authorized under Section 222.104, if authorized by the commission under Chapter 441, a road utility district may be formed under that chapter that has the same boundaries as a transportation reinvestment zone created under this section.

(j)iiIn any ad valorem tax year, a road utility district formed as provided by Subsection (i) may impose taxes on property in the district at a rate that when applied to the property in the district would impose taxes in an amount equal to the amount of taxes abated by the commissioners court of the county under Subsection (h). Notwithstanding Section 441.192(a), an election is not required to approve the imposition of the taxes.

(k)iiA road utility district formed as provided by Subsection (i) may enter into an agreement with the county to assume the obligation, if any, of the county to fund a project under Section 222.104 or to repay funds owed to the department under Section 222.104. Any amount paid for this purpose is considered to be an operating expense of the district. Any taxes collected by the district that are not paid for this purpose may be used for any district purpose.

(l)iiExcept as provided by Subsection (m), a tax abatement agreement entered into under Subsection (h), or an order or resolution on the abatement of taxes under that subsection, terminates on December 31 of the year in which the county completes any contractual requirement that included the pledge of money collected under this section.

4746 80th Legislature — Regular Session 68th Day

(m)iiA transportation reinvestment zone terminates on December 31 of the 10th year after the year the zone was designated, if before that date the county has not used the zone for the purpose for which it was designated.

SECTIONi3.iiThis Act takes effect September 1, 2007.

The Conference Committee Report on SBi1266 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 945

Senator Hinojosa submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi945 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi945 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3613

Senator Deuell submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3613 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

Saturday, May 26, 2007 SENATE JOURNAL 4747

The Conference Committee Report on HBi3613 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 568

Senator Harris submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi568 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi568 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3249

Senator Brimer submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

4748 80th Legislature — Regular Session 68th Day

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3249 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi3249 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1638

Senator Jackson submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi1638 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi1638 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2819

Senator Jackson submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Saturday, May 26, 2007 SENATE JOURNAL 4749

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2819 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi2819 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2833

Senator Seliger submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2833 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi2833 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3674

Senator Jackson submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

4750 80th Legislature — Regular Session 68th Day

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3674 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi3674 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 101

Senator Shapiro submitted the following Conference Committee Report:

Austin, Texas

May 25, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi101 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED

AN ACT

relating to limitations on the automatic admission of undergraduate students to general academic teaching institutions and to fees charged to certain admitted students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSections 51.803 and 51.807, Education Code, are amended to read as follows:

Saturday, May 26, 2007 SENATE JOURNAL 4751

Sec.i51.803.iiAUTOMATIC ADMISSION: ALL INSTITUTIONS. (a)iiSubject to Subsection (c), each [Each] general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate student if the applicant graduated with a grade point average in the top 10 percent of the student's high school graduating class in one of the two school years preceding the academic year for which the applicant is applying for admission and:

(1)iithe applicant graduated from a public or private high school in this state accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense;

(2)iithe applicant completed the curriculum requirements established under Section 28.025 for the recommended or advanced high school program, or an equivalent curriculum at a high school to which that section does not apply; and

(3)ii[.iiTo qualify for admission under this section, an applicant must submit an application before the expiration of any application filing deadline established by the institution and,] if the applicant graduated from a high school operated by the United States Department of Defense, the applicant is [must be] a Texas resident under Section 54.052 or is [be] entitled to pay tuition fees at the rate provided for Texas residents under Section 54.058(d) for the term or semester to which admitted.

(b)iiTo qualify for admission under this section, an applicant must submit an application before the expiration of any application filing deadline established by the institution.

(c)iiBeginning with admissions for the 2009-2010 academic year, a general academic teaching institution is not required to admit under Subsection (a) more than 60 percent of the institution's first-time resident undergraduate students in an academic year. If the number of applicants who qualify for automatic admission to a general academic teaching institution under Subsection (a) exceeds 60 percent of the institution's enrollment capacity designated for first-time resident undergraduate students, the institution may elect to offer admission to those applicants as provided by this subsection and not as otherwise required by Subsection (a). If the institution elects to offer admission under this subsection, the institution shall offer admission to those applicants by percentile rank according to class standing based on grade point average, beginning with the top percentile rank, until the applicants qualified under Subsection (a) have been offered admission in the number estimated in good faith by the institution as sufficient to fill 50 percent of the institution's enrollment capacity designated for first-time resident undergraduate students, except that the institution must offer admission to all applicants with the same percentile rank. In addition to those admissions, until applicants qualified under Subsection (a) have been offered admission in the number estimated in good faith by the institution as sufficient to fill 60 percent of the designated enrollment capacity described by this subsection, the institution shall offer to applicants qualified for automatic admission under Subsection (a) admission in the same manner as other applicants for admission as first-time undergraduate students in accordance with Section 51.805, except that the institution may not consider applicants other than those applicants qualified under Subsection (a). After the applicants qualified for automatic admission under Subsection (a) have been offered admission under this subsection in the number estimated in good faith as sufficient to fill 60 percent of the designated enrollment capacity described by this

4752 80th Legislature — Regular Session 68th Day

(d)iiEach general academic teaching institution that elects to offer admission to applicants as permitted by Subsection (c) shall:

(1)iiadopt a written policy to provide for recruiting and retention efforts directed at underrepresented groups such as racial or ethnic minority groups; and

(2)iiseek from civic and community leaders and organizations input regarding the impact of this section on student access to and academic success in higher education.

(e)iiRegardless of whether a general academic teaching institution elects to offer admission under Subsection (c), if the number of applicants who qualify for automatic admission to the institution under Subsection (a) exceeds 60 percent of the institution's enrollment capacity designated for first-time resident undergraduate students, the institution shall provide to each school district, for dissemination to high school junior-level students and to the parents of those students, notice of which percentile ranks of high school senior-level students are anticipated by the institution to be automatically offered admission under Subsection (c) during the next school year if the institution elects to offer admission under that subsection.

(f)iiThis subsection applies only to a university system that includes more than one general academic teaching institution. Notwithstanding Subsection (c), in an academic year in which a component general academic teaching institution of the university system elects to offer admission to applicants as provided by Subsection (c), if an applicant for admission as a first-time resident undergraduate student who is qualified for automatic admission under Subsection (a) is not admitted to the institution under this section because the institution offers admission to applicants under Subsection (c) and the applicant is otherwise denied admission to the institution, the university system shall:

(1)iitreat the application as an application for admission to any of the system's other component general academic teaching institutions that for that same academic year do not offer admission to applicants as provided by Subsection (c); and

(2)iioffer the applicant admission to each of those other component institutions.

(g)iiAfter admitting an applicant under this section, the institution shall review the applicant's record and any other factor the institution considers appropriate to determine whether the applicant may require additional preparation for college-level work or would benefit from inclusion in a retention program. The institution may require a student so identified to enroll during the summer immediately after the student is admitted under this section to participate in appropriate enrichment courses and orientation programs. This section does not prohibit a student who is not determined to need additional preparation for college-level work from enrolling, if the student chooses, during the summer immediately after the student is admitted under this section.

(h)iiSubsection (a)(2) does not apply to an applicant who graduated from a public high school that does not offer the curriculum established under Section 28.025 for the recommended or advanced high school program.

Saturday, May 26, 2007 SENATE JOURNAL 4753

(i)iiAn applicant who does not satisfy the curriculum requirements of Subsection (a)(2) is considered to have satisfied those requirements if the high school from which the student graduated indicates on the student's transcript that the student completed the portion of the curriculum that was available to the student but was unable to complete the curriculum solely because courses necessary to complete the curriculum were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control.

(j)iiA general academic teaching institution that elects to offer admission to applicants under Subsection (c) shall demonstrate by direct action a commitment to:

(1)iiproviding opportunities for postsecondary education for members of all groups, including underrepresented groups such as racial or ethnic minority groups; and

(2)iiensuring racial and ethnic diversity in the institution's faculty and administrative staff.

(k)iiThis section expires August 31, 2015.

Sec.i51.807.iiRULEMAKING. (a)iiThe Texas Higher Education Coordinating Board may adopt rules relating to the operation of admissions programs under this subchapter, including rules relating to the identification of eligible students [and the reporting requirements of Section 51.806].

(b)iiThe Texas Higher Education Coordinating Board in consultation with the Texas Education Agency by rule shall establish standards for determining for purposes of this subchapter whether a person completed a high school curriculum that is equivalent to the curriculum established under Section 28.025 for the recommended or advanced high school program.

SECTIONi2.iiEffective September 1, 2015, Subchapter U, Chapter 51, Education Code, is amended by adding Section 51.8031 to read as follows:

Sec.i51.8031.iiAUTOMATIC ADMISSION: ALL INSTITUTIONS. (a)iiEach general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate student if the applicant graduated with a grade point average in the top 10 percent of the student's high school graduating class in one of the two school years preceding the academic year for which the applicant is applying for admission and the applicant graduated from a public or private high school in this state accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense. To qualify for admission under this section, an applicant must submit an application before the expiration of any application filing deadline established by the institution and, if the applicant graduated from a high school operated by the United States Department of Defense, must be a Texas resident under Section 54.052 or be entitled to pay tuition fees at the rate provided for Texas residents under Section 54.058(d) for the term or semester to which admitted.

(b)iiAfter admitting an applicant under this section, the institution shall review the applicant's record and any other factor the institution considers appropriate to determine whether the applicant may require additional preparation for college-level work or would benefit from inclusion in a retention program. The institution may require a student so identified to enroll during the summer immediately after the

4754 80th Legislature — Regular Session 68th Day

(c)iiA reference in law to former Section 51.803, Education Code, is a reference to this section unless the context clearly indicates otherwise.

SECTIONi3.iiSubchapter U, Chapter 51, Education Code, is amended by adding Section 51.8035 to read as follows:

Sec.i51.8035.iiAUTOMATIC ADMISSION OF APPLICANTS COMPLETING CORE CURRICULUM AT ANOTHER INSTITUTION. (a) In this section:

(1)ii"Core curriculum" means the core curriculum adopted by an institution of higher education under Section 61.822.

(2)ii"Institution of higher education" has the meaning assigned by Section 61.003.

(b)iiA general academic teaching institution shall admit an applicant for admission to the institution as a transfer undergraduate student who:

(1)iigraduated from high school not earlier than the fourth school year before the academic year for which the applicant seeks admission and who qualified to be offered admission to the general academic teaching institution under Section 51.803(a) at the time of graduation;

(2)iifirst enrolled in an institution of higher education not earlier than the second academic year before the academic year for which the applicant seeks admission;

(3)iicompleted the core curriculum at an institution of higher education, other than the institution to which the applicant seeks admission, with a cumulative grade point average of at least 3.25 on a four-point scale or the equivalent; and

(4)iisubmits an application for admission as a transfer student before the expiration of any application filing deadline established by the institution.

(c)iiFor purposes of this section, transfer semester credit hours from a different institution of higher education and semester credit hours earned by examination shall be included in determining whether the person completed the core curriculum at an institution of higher education.

SECTIONi4.iiSubsection (g), Section 28.025, Education Code, is amended to read as follows:

(g)iiIf a student, other than a student permitted to take courses under the minimum high school program as provided by Subsection (b), is unable to complete the recommended or advanced high school program solely because necessary courses were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control, the school district, [shall indicate that fact] on the student's transcript form described by Subsection (e), shall:

(1)iiindicate whether the student completed those courses necessary to complete the program that were available to the student; and

Saturday, May 26, 2007 SENATE JOURNAL 4755

(2)iiidentify those courses necessary to complete the program that were unavailable to the student as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control.

SECTIONi5.iiSection 28.026, Education Code, is amended to read as follows:

Sec.i28.026.iiNOTICE OF AUTOMATIC COLLEGE ADMISSION. (a)iiThe board of trustees of a school district shall require each high school in the district to post appropriate signs in each counselor's office, in each principal's office, and in each administrative building indicating the substance of Section 51.803 regarding automatic college admission. To assist in the dissemination of this information, the school district shall:

(1)iirequire that each high school counselor and class advisor be provided a detailed explanation of the substance of Section 51.803;

(2)iiprovide each district student, at the time the student first registers for one or more classes required for high school graduation, with a written notification of the substance of Section 51.803;

(3)iirequire that each high school counselor and senior class advisor explain to eligible students the substance of Section 51.803; and

(4)i[(3)]iiprovide each eligible senior student under Section 51.803, at the commencement of a class's senior year, with a written notification of the student's eligibility with a detailed explanation of the substance of Section 51.803.

(b)iiThe commissioner shall adopt forms to use in providing notice under Subsections (a)(2) and (4). In providing notice under Subsection (a)(2) or (4), a school district shall use the appropriate form adopted by the commissioner.

(c)iiThe commissioner shall adopt procedures to ensure that, as soon as practicable after this subsection becomes law, each school district provides written notification of the substance of Section 51.803, as amended by the 80th Legislature, Regular Session, 2007, to each district student who, for the 2007-2008 school year, registers for the first time for one or more courses required for high school graduation. The commissioner may adopt rules under this subsection in the manner provided by law for emergency rules. Each district shall comply with the procedures adopted by the commissioner under this subsection. This subsection expires September 1, 2008.

SECTIONi6.iiSection 51.4032, Education Code, as added by Chapter 694, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:

Sec.i51.4032.iiANNUAL REPORT OF PARTICIPATION IN HIGHER EDUCATION. Not later than December 1 [July 31] of each year and in the form prescribed by the coordinating board, each general academic teaching institution and medical and dental unit as defined in Section 61.003 shall provide to the Texas Higher Education Coordinating Board and shall publish on the institution's website a report describing the composition of the institution's entering class of students. The report must include a demographic breakdown of the class, including a breakdown by race, ethnicity, [and] economic status, and high school class standing. A report submitted by a general academic teaching institution or medical and dental unit as defined in Section 61.003 must include separate demographic breakdowns of the students admitted under Sections 51.803, 51.804, and 51.805 and a description of any plans, policies, or programs developed or implemented by the institution to recruit and retain students from underrepresented groups such as racial or ethnic minority groups.

4756 80th Legislature — Regular Session 68th Day

SECTIONi7.iiExcept as otherwise specifically provided by this Act or a law amended or added by this Act, the change in law made by this Act applies beginning with admissions to institutions of higher education for the 2008-2009 academic year. Admissions to an institution of higher education before that academic year are governed by the law in effect before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTIONi8.iiThe Texas Higher Education Coordinating Board shall adopt rules relating to the admission of students under Section 51.803, Education Code, as amended by this Act, as soon as practicable after the effective date of this Act.

SECTIONi9.iiThis Act takes effect September 1, 2007.

The Conference Committee Report on SBi101 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 1864

Senator Hinojosa submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi1864 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi1864 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 2644

Senator West submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Saturday, May 26, 2007 SENATE JOURNAL 4757

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi2644 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi2644 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL 3385

Senator Janek submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HBi3385 have had the same under consideration, and beg to report it back with the recommendation that it do pass.

The Conference Committee Report on HBi3385 was filed with the Secretary of the Senate.

CONFERENCE COMMITTEE REPORT ON

SENATE BILL 1731

Senator Duncan submitted the following Conference Committee Report:

Austin, Texas

May 26, 2007

Honorable David Dewhurst

President of the Senate

4758 80th Legislature — Regular Session 68th Day

Honorable Tom Craddick

Speaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi1731 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

A BILL TO BE ENTITLED
AN ACT

relating to consumer access to health care information and consumer protection for services provided by or through health benefit plans, hospitals, ambulatory surgical centers, birthing centers, and other health care facilities, and funding for health care information services; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSubtitle G, Title 4, Health and Safety Code, is amended by adding Chapter 324 to read as follows:

CHAPTER 324. CONSUMER ACCESS TO HEALTH CARE INFORMATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec.i324.001.iiDEFINITIONS. In this chapter:

(1)ii"Average charge" means the mathematical average of facility charges for an inpatient admission or outpatient surgical procedure. The term does not include charges for a particular inpatient admission or outpatient surgical procedure that exceed the average by more than two standard deviations.

(2)ii"Billed charge" means the amount a facility charges for an inpatient admission, outpatient surgical procedure, or health care service or supply.

(3)ii"Costs" means the fixed and variable expenses incurred by a facility in the provision of a health care service.

(4)ii"Consumer" means any person who is considering receiving, is receiving, or has received a health care service or supply as a patient from a facility. The term includes the personal representative of the patient.

(5)ii"Department" means the Department of State Health Services.

(6)ii"Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(7)ii"Facility" means:

(A)iian ambulatory surgical center licensed under Chapter 243;

(B)iia birthing center licensed under Chapter 244; or

(C)iia hospital licensed under Chapter 241.

Sec.i324.002.iiRULES. The executive commissioner shall adopt and enforce rules to further the purposes of this chapter.

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[Sections 324.003-324.050 reserved for expansion]

SUBCHAPTER B. CONSUMER GUIDE TO HEALTH CARE

Sec.i324.051.iiDEPARTMENT WEBSITE. (a)iiThe department shall make available on the department's Internet website a consumer guide to health care. The department shall include information in the guide concerning facility pricing practices and the correlation between a facility's average charge for an inpatient admission or outpatient surgical procedure and the actual, billed charge for the admission or procedure, including notice that the average charge for a particular inpatient admission or outpatient surgical procedure will vary from the actual, billed charge for the admission or procedure based on:

(1)iithe person's medical condition;

(2)iiany unknown medical conditions of the person;

(3)iithe person's diagnosis and recommended treatment protocols ordered by the physician providing care to the person; and

(4)iiother factors associated with the inpatient admission or outpatient surgical procedure.

(b)iiThe department shall include information in the guide to advise consumers that:

(1)iithe average charge for an inpatient admission or outpatient surgical procedure may vary between facilities depending on a facility's cost structure, the range and frequency of the services provided, intensity of care, and payor mix;

(2)iithe average charge by a facility for an inpatient admission or outpatient surgical procedure will vary from the facility's costs or the amount that the facility may be reimbursed by a health benefit plan for the admission or surgical procedure;

(3)iithe consumer may be personally liable for payment for an inpatient admission, outpatient surgical procedure, or health care service or supply depending on the consumer's health benefit plan coverage;

(4)iithe consumer should contact the consumer's health benefit plan for accurate information regarding the plan structure, benefit coverage, deductibles, copayments, coinsurance, and other plan provisions that may impact the consumer's liability for payment for an inpatient admission, outpatient surgical procedure, or health care service or supply; and

(5)iithe consumer, if uninsured, may be eligible for a discount on facility charges based on a sliding fee scale or a written charity care policy established by the facility.

(c)iiThe department shall include on the consumer guide to health care website:

(1)iian Internet link for consumers to access quality of care data, including:

(A)iithe Texas Health Care Information Collection website;

(B)iithe Hospital Compare website within the United States Department of Health and Human Services website;

(C)iithe Joint Commission on Accreditation of Healthcare Organizations website; and

(D)iithe Texas Hospital Association's Texas PricePoint website; and

(2)iia disclaimer noting the websites that are not provided by this state or an agency of this state.

4760 80th Legislature — Regular Session 68th Day

(d)iiThe department may accept gifts and grants to fund the consumer guide to health care. On the department's Internet website, the department may not identify, recognize, or acknowledge in any format the donors or grantors to the consumer guide to health care.

[Sections 324.052-324.100 reserved for expansion]

SUBCHAPTER C. BILLING OF FACILITY SERVICES AND SUPPLIES

Sec.i324.101.iiFACILITY POLICIES. (a)iiEach facility shall develop, implement, and enforce written policies for the billing of facility health care services and supplies. The policies must address:

(1)iiany discounting of facility charges to an uninsured consumer, subject to Chapter 552, Insurance Code;

(2)iiany discounting of facility charges provided to a financially or medically indigent consumer who qualifies for indigent services based on a sliding fee scale or a written charity care policy established by the facility and the documented income and other resources of the consumer;

(3)iithe providing of an itemized statement required by Subsection (e);

(4)iiwhether interest will be applied to any billed service not covered by a third-party payor and the rate of any interest charged;

(5)iithe procedure for handling complaints; and

(6)iithe providing of a conspicuous written disclosure to a consumer at the time the consumer is first admitted to the facility or first receives services at the facility that:

(A)iiprovides confirmation whether the facility is a participating provider under the consumer's third-party payor coverage on the date services are to be rendered based on the information received from the consumer at the time the confirmation is provided; and

(B)iiinforms the consumer that a physician or other health care provider who may provide services to the consumer while in the facility may not be a participating provider with the same third-party payors as the facility.

(b)iiFor services provided in an emergency department of a hospital or as a result of an emergent direct admission, the hospital shall provide the written disclosure required by Subsection (a)(6) before discharging the patient from the emergency department or hospital, as appropriate.

(c)iiEach facility shall post in the general waiting area and in the waiting areas of any off-site or on-site registration, admission, or business office a clear and conspicuous notice of the availability of the policies required by Subsection (a).

(d)iiThe facility shall provide an estimate of the facility's charges for any elective inpatient admission or nonemergency outpatient surgical procedure or other service on request and before the scheduling of the admission or procedure or service. The estimate must be provided not later than the 10th business day after the date on which the estimate is requested. The facility must advise the consumer that:

(1)iithe request for an estimate of charges may result in a delay in the scheduling and provision of the inpatient admission, outpatient surgical procedure, or other service;

Saturday, May 26, 2007 SENATE JOURNAL 4761

(2)iithe actual charges for an inpatient admission, outpatient surgical procedure, or other service will vary based on the person's medical condition and other factors associated with performance of the procedure or service;

(3)iithe actual charges for an inpatient admission, outpatient surgical procedure, or other service may differ from the amount to be paid by the consumer or the consumer's third-party payor;

(4)iithe consumer may be personally liable for payment for the inpatient admission, outpatient surgical procedure, or other service depending on the consumer's health benefit plan coverage; and

(5)iithe consumer should contact the consumer's health benefit plan for accurate information regarding the plan structure, benefit coverage, deductibles, copayments, coinsurance, and other plan provisions that may impact the consumer's liability for payment for the inpatient admission, outpatient surgical procedure, or other service.

(e)iiA facility shall provide to the consumer at the consumer's request an itemized statement of the billed services if the consumer requests the statement not later than the first anniversary of the date the person is discharged from the facility. The facility shall provide the statement to the consumer not later than the 10th business day after the date on which the statement is requested.

(f)iiA facility shall provide an itemized statement of billed services to a third-party payor who is actually or potentially responsible for paying all or part of the billed services provided to a patient and who has received a claim for payment of those services. To be entitled to receive a statement, the third-party payor must request the statement from the facility and must have received a claim for payment. The request must be made not later than one year after the date on which the payor received the claim for payment. The facility shall provide the statement to the payor not later than the 30th day after the date on which the payor requests the statement. If a third-party payor receives a claim for payment of part but not all of the billed services, the third-party payor may request an itemized statement of only the billed services for which payment is claimed or to which any deduction or copayment applies.

(g)iiA facility in violation of this section is subject to enforcement action by the appropriate licensing agency.

(h)iiIf a consumer or a third-party payor requests more than two copies of the statement, the facility may charge a reasonable fee for the third and subsequent copies provided. The fee may not exceed the sum of:

(1)iia basic retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $30;

(2)iia charge for each page of:

(A)ii$1 for the 11th through the 60th page of the provided copies;

(B)ii50 cents for the 61st through the 400th page of the provided copies; and

(C)ii25 cents for any remaining pages of the provided copies; and

(3)iithe actual cost of mailing, shipping, or otherwise delivering the provided copies.

4762 80th Legislature — Regular Session 68th Day

(i)iiIf a consumer overpays a facility, the facility must refund the amount of the overpayment not later than the 30th day after the date the facility determines that an overpayment has been made. This subsection does not apply to an overpayment subject to Section 1301.132 or 843.350, Insurance Code.

Sec.i324.102.iiCOMPLAINT PROCESS. A facility shall establish and implement a procedure for handling consumer complaints, and must make a good faith effort to resolve the complaint in an informal manner based on its complaint procedures. If the complaint cannot be resolved informally, the facility shall advise the consumer that a complaint may be filed with the department and shall provide the consumer with the mailing address and telephone number of the department.

Sec.i324.103.iiCONSUMER WAIVER PROHIBITED. The provisions of this chapter may not be waived, voided, or nullified by a contract or an agreement between a facility and a consumer.

SECTIONi2.iiSubdivision (10), Section 108.002, Health and Safety Code, is amended to read as follows:

(10)ii"Health care facility" means:

(A)iia hospital;

(B)iian ambulatory surgical center licensed under Chapter 243;

(C)iia chemical dependency treatment facility licensed under Chapter 464;

(D)iia renal dialysis facility;

(E)iia birthing center;

(F)iia rural health clinic; [or]

(G)iia federally qualified health center as defined by 42 U.S.C. Section 1396d(l)(2)(B); or

(H)iia free-standing imaging center.

SECTIONi3.iiSubsection (k), Section 108.009, Health and Safety Code, is amended to read as follows:

(k)iiThe council shall collect health care data elements relating to payer type, the racial and ethnic background of patients, and the use of health care services by consumers. The council shall prioritize data collection efforts on inpatient and outpatient surgical and radiological procedures from hospitals, ambulatory surgical centers, and free-standing radiology centers.

SECTIONi4.iiSection 241.025, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e)iiNotwithstanding Subsection (d), to the extent that money received from the fees collected under this chapter exceeds the costs to the department to conduct the activity for which the fee is imposed, the department may use the money to administer Chapter 324 and similar laws that require the department to provide information related to hospital care to the public. The department may not consider the costs of administering Chapter 324 or similar laws in adopting a fee imposed under this section.

SECTIONi5.iiSubsection (h), Section 311.002, Health and Safety Code, is amended to read as follows:

(h)iiIn this section, "hospital" includes:

(1)ii[a hospital licensed under Chapter 241;

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[(2)]iia treatment facility licensed under Chapter 464; and

(2)i[(3)]iia mental health facility licensed under Chapter 577.

SECTIONi6.iiChapter 101, Occupations Code, is amended by adding Subchapter H, transferring Section 101.202 to Subchapter H redesignated as Section 101.351 and further amending that section, and adding Section 101.352 to read as follows:

SUBCHAPTER H. BILLING

Sec.i101.351i[101.202].iiFAILURE TO PROVIDE BILLING INFORMATION. On the written request of a patient, a health care professional shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. This section does not apply to a physician subject to Section 101.352.

Sec.i101.352.iiBILLING POLICIES AND INFORMATION; PHYSICIANS. (a)iiA physician shall develop, implement, and enforce written policies for the billing of health care services and supplies. The policies must address:

(1)iiany discounting of charges for health care services or supplies provided to an uninsured patient that is not covered by a patient's third-party payor, subject to Chapter 552, Insurance Code;

(2)iiany discounting of charges for health care services or supplies provided to an indigent patient who qualifies for services or supplies based on a sliding fee scale or a written charity care policy established by the physician;